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Rep. Jay Hoffman
Filed: 11/19/2024
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| 1 | | AMENDMENT TO SENATE BILL 3410
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3410, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Illinois Administrative Procedure Act is |
| 6 | | amended by changing Sections 5-45.56 and 5-45.57 as follows:
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| 7 | | (5 ILCS 100/5-45.56) |
| 8 | | (Section scheduled to be repealed on June 5, 2025) |
| 9 | | Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid |
| 10 | | Code. To provide for the expeditious and timely implementation |
| 11 | | of the changes made to the Illinois Public Aid Code by this |
| 12 | | amendatory Act of the 103rd General Assembly, emergency rules |
| 13 | | implementing the changes made to that Code by this amendatory |
| 14 | | Act of the 103rd General Assembly may be adopted in accordance |
| 15 | | with Section 5-45 by the Department of Healthcare and Family |
| 16 | | Services, the Department of Human Services, or other |
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| 1 | | departments essential to the implementation of the changes. |
| 2 | | The adoption of emergency rules authorized by Section 5-45 and |
| 3 | | this Section is deemed to be necessary for the public |
| 4 | | interest, safety, and welfare. |
| 5 | | This Section is repealed on June 5, 2026 one year after the |
| 6 | | effective date of this Section. |
| 7 | | (Source: P.A. 103-588, eff. 6-5-24.)
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| 8 | | (5 ILCS 100/5-45.57) |
| 9 | | (Section scheduled to be repealed on June 5, 2025) |
| 10 | | Sec. 5-45.57. Emergency rulemaking; rate increase for |
| 11 | | direct support personnel and all frontline personnel. To |
| 12 | | provide for the expeditious and timely implementation of the |
| 13 | | changes made to Section 74 of the Mental Health and |
| 14 | | Developmental Disabilities Administrative Act by this |
| 15 | | amendatory Act of the 103rd General Assembly, emergency rules |
| 16 | | implementing the changes made to Section 74 of the Mental |
| 17 | | Health and Developmental Disabilities Administrative Act by |
| 18 | | this amendatory Act of the 103rd General Assembly may be |
| 19 | | adopted in accordance with Section 5-45 by the Department of |
| 20 | | Human Services. The adoption of emergency rules authorized by |
| 21 | | Section 5-45 and this Section is deemed to be necessary for the |
| 22 | | public interest, safety, and welfare. |
| 23 | | This Section is repealed on June 5, 2026 one year after the |
| 24 | | effective date of this Section. |
| 25 | | (Source: P.A. 103-588, eff. 6-5-24.)
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| 1 | | Section 10. The Illinois Act on the Aging is amended by |
| 2 | | changing Sections 7.09 and 8.10 as follows:
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| 3 | | (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09) |
| 4 | | Sec. 7.09. The Council shall have the following powers and |
| 5 | | duties: |
| 6 | | (1) review and comment upon reports of the Department |
| 7 | | to the Governor and the General Assembly; |
| 8 | | (2) prepare and submit to the Governor, the General |
| 9 | | Assembly and the Director an annual report evaluating the |
| 10 | | level and quality of all programs, services and facilities |
| 11 | | provided to the aging by State agencies; |
| 12 | | (3) review and comment upon the comprehensive state |
| 13 | | plan prepared by the Department; |
| 14 | | (4) review and comment upon disbursements by the |
| 15 | | Department of public funds to private agencies; |
| 16 | | (5) recommend candidates to the Governor for |
| 17 | | appointment as Director of the Department; |
| 18 | | (6) consult with the Director regarding the operations |
| 19 | | of the Department; and |
| 20 | | (7) review and support implementation of the |
| 21 | | Commission's recommendations as identified in the |
| 22 | | Commission's final report Second Report, which shall be |
| 23 | | issued no later than March 30, 2026 2025. |
| 24 | | The requirement for reporting to the General Assembly |
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| 1 | | shall be satisfied by filing copies of the report as required |
| 2 | | by Section 3.1 of the General Assembly Organization Act, and |
| 3 | | filing such additional copies with the State Government Report |
| 4 | | Distribution Center for the General Assembly as is required |
| 5 | | under paragraph (t) of Section 7 of the State Library Act. |
| 6 | | (Source: P.A. 102-885, eff. 5-16-22.)
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| 7 | | (20 ILCS 105/8.10) |
| 8 | | (Section scheduled to be repealed on May 16, 2025) |
| 9 | | Sec. 8.10. The Illinois Commission on LGBTQ Aging. |
| 10 | | (a) Commission purpose. The Commission is created to |
| 11 | | investigate, analyze, and study the health, housing, |
| 12 | | financial, psychosocial, home-and-community-based services, |
| 13 | | assisted living, and long-term care needs of LGBTQ older |
| 14 | | adults and their caregivers. The Commission shall make |
| 15 | | recommendations to improve access to benefits, services, and |
| 16 | | supports for LGBTQ older adults and their caregivers. The |
| 17 | | Commission, in formulating its recommendations, shall take |
| 18 | | into account the best policies and practices in other states |
| 19 | | and jurisdictions. Specifically, the Commission shall: |
| 20 | | (1) Examine the impact of State and local laws, |
| 21 | | policies, and regulations on LGBTQ older adults and make |
| 22 | | recommendations to ensure equitable access, treatment, |
| 23 | | care and benefits, and overall quality of life. |
| 24 | | (2) Examine best practices for increasing access, |
| 25 | | reducing isolation, preventing abuse and exploitation, |
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| 1 | | promoting independence and self-determination, |
| 2 | | strengthening caregiving, eliminating disparities, and |
| 3 | | improving overall quality of life for LGBTQ older adults. |
| 4 | | (3) Examine the impact of race, ethnicity, sex |
| 5 | | assigned at birth, socioeconomic status, disability, |
| 6 | | sexual orientation, gender identity, and other |
| 7 | | characteristics on access to services for LGBTQ older |
| 8 | | adults and make recommendations to ensure equitable |
| 9 | | access, treatment, care, and benefits and overall quality |
| 10 | | of life. |
| 11 | | (4) Examine the experiences and needs of LGBTQ older |
| 12 | | adults living with HIV/AIDS and make recommendations to |
| 13 | | ensure equitable access, treatment, care, benefits, and |
| 14 | | overall quality of life. |
| 15 | | (5) Examine strategies to increase provider awareness |
| 16 | | of the needs of LGBTQ older adults and their caregivers |
| 17 | | and to improve the competence of and access to treatment, |
| 18 | | services, and ongoing care, including preventive care. |
| 19 | | (6) Examine the feasibility of developing statewide |
| 20 | | training curricula to improve provider competency in the |
| 21 | | delivery of culturally responsive health, housing, and |
| 22 | | long-term support services to LGBTQ older adults and their |
| 23 | | caregivers. |
| 24 | | (7) Assess the funding and programming needed to |
| 25 | | enhance services to the growing population of LGBTQ older |
| 26 | | adults. |
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| 1 | | (8) Examine whether certain policies and practices, or |
| 2 | | the absence thereof, promote the premature admission of |
| 3 | | LGBTQ older adults to institutional care, and examine |
| 4 | | whether potential cost-savings exist for LGBTQ older |
| 5 | | adults as a result of providing lower cost and culturally |
| 6 | | responsive home and community-based alternatives to |
| 7 | | institutional care. |
| 8 | | (9) Examine outreach protocols to reduce apprehension |
| 9 | | among LGBTQ older adults and caregivers of utilizing |
| 10 | | mainstream providers. |
| 11 | | (10) Evaluate the implementation status of Public Act |
| 12 | | 101-325. |
| 13 | | (11) Evaluate the implementation status of Public Act |
| 14 | | 102-543, examine statewide strategies for the collection |
| 15 | | of sexual orientation and gender identity data and the |
| 16 | | impact of these strategies on the provision of services to |
| 17 | | LGBTQ older adults, and conduct a statewide survey |
| 18 | | designed to approximate the number of LGBTQ older adults |
| 19 | | in the State and collect demographic information (if |
| 20 | | resources allow for the implementation of a survey |
| 21 | | instrument). |
| 22 | | (b) Commission members. |
| 23 | | (1) The Commission shall include at least all of the |
| 24 | | following persons who must be appointed by the Governor |
| 25 | | within 60 days after the effective date of this amendatory |
| 26 | | Act of the 102nd General Assembly: |
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| 1 | | (A) one member from a statewide organization that |
| 2 | | advocates for older adults; |
| 3 | | (B) one member from a national organization that |
| 4 | | advocates for LGBTQ older adults; |
| 5 | | (C) one member from a community-based, multi-site |
| 6 | | healthcare organization founded to serve LGBTQ people; |
| 7 | | (D) the director of senior services from a |
| 8 | | community center serving LGBTQ people, or the |
| 9 | | director's designee; |
| 10 | | (E) one member from an HIV/AIDS service |
| 11 | | organization; |
| 12 | | (F) one member from an organization that is a |
| 13 | | project incubator and think tank that is focused on |
| 14 | | action that leads to improved outcomes and |
| 15 | | opportunities for LGBTQ communities; |
| 16 | | (G) one member from a labor organization that |
| 17 | | provides care and services for older adults in |
| 18 | | long-term care facilities; |
| 19 | | (H) one member from a statewide association |
| 20 | | representing long-term care facilities; |
| 21 | | (I) 5 members from organizations that serve Black, |
| 22 | | Asian-American, Pacific Islander, Indigenous, or |
| 23 | | Latinx LGBTQ people; |
| 24 | | (J) one member from a statewide organization for |
| 25 | | people with disabilities; and |
| 26 | | (K) 10 LGBTQ older adults, including at least: |
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| 1 | | (i) 3 members who are transgender or |
| 2 | | gender-expansive individuals; |
| 3 | | (ii) 2 members who are older adults living |
| 4 | | with HIV; |
| 5 | | (iii) one member who is Two-Spirit; |
| 6 | | (iv) one member who is an African-American or |
| 7 | | Black individual; |
| 8 | | (v) one member who is a Latinx individual; |
| 9 | | (vi) one member who is an Asian-American or |
| 10 | | Pacific Islander individual; and |
| 11 | | (vii) one member who is an ethnically diverse |
| 12 | | individual. |
| 13 | | (2) The following State agencies shall each designate |
| 14 | | one representative to serve as an ex officio member of the |
| 15 | | Commission: the Department, the Department of Public |
| 16 | | Health, the Department of Human Services, the Department |
| 17 | | of Healthcare and Family Services, and the Department of |
| 18 | | Veterans' Affairs. |
| 19 | | (3) Appointing authorities shall ensure, to the |
| 20 | | maximum extent practicable, that the Commission is diverse |
| 21 | | with respect to race, ethnicity, age, sexual orientation, |
| 22 | | gender identity, gender expression, and geography. |
| 23 | | (4) Members of the Commission shall serve until this |
| 24 | | Section is repealed. Members shall continue to serve until |
| 25 | | their successors are appointed. Any vacancy shall be |
| 26 | | filled by the appointing authority. Any vacancy occurring |
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| 1 | | other than by the dissolution of the Commission shall be |
| 2 | | filled for the balance of the unexpired term. Members of |
| 3 | | the Commission shall serve without compensation but shall |
| 4 | | be reimbursed for expenses necessarily incurred in the |
| 5 | | performance of their duties. |
| 6 | | (c) Commission organization. The Commission shall provide |
| 7 | | for its organization and procedure, including selection of the |
| 8 | | chairperson and vice-chairperson. A majority of the Commission |
| 9 | | shall constitute a quorum for the transaction of business. |
| 10 | | Administrative and other support for the Commission shall be |
| 11 | | provided by the Department. Any State agency under the |
| 12 | | jurisdiction of the Governor shall provide testimony and |
| 13 | | information as directed by the Commission. |
| 14 | | (d) Meetings and reports. The Commission shall: |
| 15 | | (1) Hold at least one public meeting per quarter. |
| 16 | | Public meetings may be virtually conducted. |
| 17 | | (2) Prepare and No later than March 30, 2023, submit |
| 18 | | an annual report a First Report to the Governor, the |
| 19 | | Illinois General Assembly, the Director, and the Illinois |
| 20 | | Council on Aging that details the progress made toward |
| 21 | | achieving the Commission's stated objectives and that |
| 22 | | contains findings and recommendations, including any |
| 23 | | recommended legislation. The annual report First Report |
| 24 | | shall be made available to the public on the Department's |
| 25 | | publicly accessible website. |
| 26 | | (3) Submit, by no later than March 30, 2026, No later |
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| 1 | | than March 30, 2025, submit a final report Second Report |
| 2 | | in the same manner as an annual report, detailing the work |
| 3 | | the Commission has done since its inception and providing |
| 4 | | the First Report, containing updates to the findings and |
| 5 | | recommendations, including any recommended legislation |
| 6 | | contained in the First Report. The final report Second |
| 7 | | Report shall be made available to the public on the |
| 8 | | Department's publicly accessible website. |
| 9 | | The Department and Commission may collaborate with an |
| 10 | | institution of higher education in Illinois to compile the |
| 11 | | reports required under this Section First Report and Second |
| 12 | | Report. |
| 13 | | (e) This Section is repealed May 16, 2026 3 years after the |
| 14 | | effective date of this amendatory Act of the 102nd General |
| 15 | | Assembly. |
| 16 | | (Source: P.A. 102-885, eff. 5-16-22.)
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| 17 | | Section 15. The Department of Commerce and Economic |
| 18 | | Opportunity Law of the Civil Administrative Code of Illinois |
| 19 | | is amended by changing Section 605-1110 as follows:
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| 20 | | (20 ILCS 605/605-1110) |
| 21 | | (Section scheduled to be repealed on January 1, 2025) |
| 22 | | Sec. 605-1110. Student Career Development Liability |
| 23 | | Insurance Advisory Committee. |
| 24 | | (a) The Student Career Development Liability Insurance |
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| 1 | | Advisory Committee is hereby created within the Department of |
| 2 | | Commerce and Economic Opportunity. The Committee shall issue a |
| 3 | | report to the Governor and the General Assembly containing |
| 4 | | recommendations for providing liability insurance to (i) |
| 5 | | public high school students who participate in a career |
| 6 | | development experience or apprenticeship program and community |
| 7 | | college students who participate in a career development |
| 8 | | experience or apprenticeship program and (ii) public school |
| 9 | | teachers who participate in externship programs and community |
| 10 | | college faculty who participate in externship programs. The |
| 11 | | report shall be submitted to the Governor and the General |
| 12 | | Assembly no later than December 31, 2023. The Department of |
| 13 | | Commerce and Economic Opportunity shall provide administrative |
| 14 | | support to the Committee. |
| 15 | | (b) The Student Career Development Liability Insurance |
| 16 | | Advisory Committee shall consist of the following members: |
| 17 | | (1) the Director of Commerce and Economic Opportunity |
| 18 | | or his or her designee; |
| 19 | | (2) one member representing the State Board of |
| 20 | | Education, appointed by the State Superintendent of |
| 21 | | Education; |
| 22 | | (3) one member representing the Illinois Community |
| 23 | | College Board, appointed by the Chairman of the Illinois |
| 24 | | Community College Board; |
| 25 | | (4) one member of the General Assembly, appointed by |
| 26 | | the Speaker of the House of Representatives; |
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| 1 | | (5) one member of the General Assembly, appointed by |
| 2 | | the House Minority Leader; |
| 3 | | (6) one member of the General Assembly, appointed by |
| 4 | | the Senate President; |
| 5 | | (7) one member of the General Assembly, appointed by |
| 6 | | the Senate Minority Leader; |
| 7 | | (8) 2 members of a statewide association representing |
| 8 | | manufacturers, appointed by the Governor; |
| 9 | | (9) 2 members of a statewide association representing |
| 10 | | the insurance industry, appointed by the Governor; and |
| 11 | | (10) 2 members who represent unionized State |
| 12 | | employees, appointed by the Governor. |
| 13 | | Members of the Committee shall serve without compensation |
| 14 | | but may be reimbursed for necessary expenses incurred in the |
| 15 | | performance of their duties. Vacancies on the Committee shall |
| 16 | | be filled by the original appointing authority. |
| 17 | | (c) This Section is repealed on January 1, 2026 2025. |
| 18 | | (Source: P.A. 103-353, eff. 7-28-23.)
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| 19 | | Section 20. The Department of Transportation Law of the |
| 20 | | Civil Administrative Code of Illinois is amended by changing |
| 21 | | Section 2705-211 as follows:
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| 22 | | (20 ILCS 2705/2705-211) |
| 23 | | (Section scheduled to be repealed on January 1, 2026) |
| 24 | | Sec. 2705-211. Zero Traffic Fatalities Task Force. |
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| 1 | | (a) On or before July 1, 2025 2024, the Secretary of |
| 2 | | Transportation shall establish and convene the Zero Traffic |
| 3 | | Fatalities Task Force to develop a structured, coordinated |
| 4 | | process for early engagement of all parties to develop |
| 5 | | policies to reduce traffic fatalities to zero. |
| 6 | | (b) The members of the Task Force shall include: |
| 7 | | (1) the Secretary of Transportation, or the |
| 8 | | Secretary's designee, who shall serve as Chair of the Task |
| 9 | | Force; |
| 10 | | (2) the Director of State Police, or the Director's |
| 11 | | designee; |
| 12 | | (3) the Secretary of State, or the Secretary's |
| 13 | | designee; |
| 14 | | (4) the Director of Public Health, or the Director's |
| 15 | | designee; |
| 16 | | (5) a member from 3 different public universities in |
| 17 | | this State, appointed by the Governor; |
| 18 | | (6) a representative of a statewide motorcycle safety |
| 19 | | organization, appointed by the Governor; |
| 20 | | (7) a representative of a statewide motorist service |
| 21 | | membership organization, appointed by the Governor; |
| 22 | | (8) a representative of a statewide transportation |
| 23 | | advocacy organization, appointed by the Governor; |
| 24 | | (9) a representative of a bicycle safety organization, |
| 25 | | appointed by the Governor; |
| 26 | | (10) a representative of a statewide organization |
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| 1 | | representing municipalities, appointed by the Governor; |
| 2 | | and |
| 3 | | (11) a representative of a statewide labor |
| 4 | | organization, appointed by the Governor. |
| 5 | | (c) The Secretary of Transportation shall prepare and |
| 6 | | submit a report of findings based on the Zero Traffic |
| 7 | | Fatalities Task Force's efforts to the General Assembly on or |
| 8 | | before January 1, 2026 2025. The report shall include, but is |
| 9 | | not limited to, a detailed analysis of the following issues: |
| 10 | | (1) The existing process for establishing speed |
| 11 | | limits, including a detailed discussion on where speed |
| 12 | | limits are allowed to deviate from the 85th percentile. |
| 13 | | (2) Existing policies on how to reduce speeds on local |
| 14 | | streets and roads. |
| 15 | | (3) A recommendation as to whether an alternative to |
| 16 | | the use of the 85th percentile as a method for determining |
| 17 | | speed limits should be considered, and if so, what |
| 18 | | alternatives should be looked at. |
| 19 | | (4) Engineering recommendations on how to increase |
| 20 | | vehicular, pedestrian, and bicycle safety. |
| 21 | | (5) Additional steps that can be taken to eliminate |
| 22 | | vehicular, pedestrian, and bicycle fatalities on the road. |
| 23 | | (6) Existing reports and analyses on calculating the |
| 24 | | 85th percentile at the local, State, national, and |
| 25 | | international levels. |
| 26 | | (7) Usage of the 85th percentile in urban and rural |
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| 1 | | settings. |
| 2 | | (8) How local bicycle and pedestrian plans affect the |
| 3 | | 85th percentile. |
| 4 | | (d) This Section is repealed on January 1, 2027 2026. |
| 5 | | (Source: P.A. 103-295, eff. 7-28-23.)
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| 6 | | Section 25. The Illinois Power Agency Act is amended by |
| 7 | | changing Section 1-130 as follows:
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| 8 | | (20 ILCS 3855/1-130) |
| 9 | | (Section scheduled to be repealed on January 1, 2025) |
| 10 | | Sec. 1-130. Home rule preemption. |
| 11 | | (a) The authorization to impose any new taxes or fees |
| 12 | | specifically related to the generation of electricity by, the |
| 13 | | capacity to generate electricity by, or the emissions into the |
| 14 | | atmosphere by electric generating facilities after the |
| 15 | | effective date of this Act is an exclusive power and function |
| 16 | | of the State. A home rule unit may not levy any new taxes or |
| 17 | | fees specifically related to the generation of electricity by, |
| 18 | | the capacity to generate electricity by, or the emissions into |
| 19 | | the atmosphere by electric generating facilities after the |
| 20 | | effective date of this Act. This Section is a denial and |
| 21 | | limitation on home rule powers and functions under subsection |
| 22 | | (g) of Section 6 of Article VII of the Illinois Constitution. |
| 23 | | (b) This Section is repealed on January 1, 2026 2025. |
| 24 | | (Source: P.A. 102-671, eff. 11-30-21; 102-1109, eff. 12-21-22; |
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| 1 | | 103-563, eff. 11-17-23.)
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| 2 | | Section 30. The Illinois Income Tax Act is amended by |
| 3 | | changing Section 231 as follows:
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| 4 | | (35 ILCS 5/231) |
| 5 | | Sec. 231. Apprenticeship education expense credit. |
| 6 | | (a) As used in this Section: |
| 7 | | "Department" means the Department of Commerce and Economic |
| 8 | | Opportunity. |
| 9 | | "Employer" means an Illinois taxpayer who is the employer |
| 10 | | of the qualifying apprentice. |
| 11 | | "Qualifying apprentice" means an individual who: (i) is a |
| 12 | | resident of the State of Illinois; (ii) is at least 16 years |
| 13 | | old at the close of the school year for which a credit is |
| 14 | | sought; (iii) during the school year for which a credit is |
| 15 | | sought, was a full-time apprentice enrolled in an |
| 16 | | apprenticeship program which is registered with the United |
| 17 | | States Department of Labor, Office of Apprenticeship; and (iv) |
| 18 | | is employed in Illinois by the taxpayer who is the employer. |
| 19 | | "Qualified education expense" means the amount incurred on |
| 20 | | behalf of a qualifying apprentice not to exceed $3,500 for |
| 21 | | tuition, book fees, and lab fees at the school or community |
| 22 | | college in which the apprentice is enrolled during the regular |
| 23 | | school year. |
| 24 | | "School" means any public or nonpublic secondary school in |
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| 1 | | Illinois that is: (i) an institution of higher education that |
| 2 | | provides a program that leads to an industry-recognized |
| 3 | | postsecondary credential or degree; (ii) an entity that |
| 4 | | carries out programs registered under the federal National |
| 5 | | Apprenticeship Act; or (iii) another public or private |
| 6 | | provider of a program of training services, which may include |
| 7 | | a joint labor-management organization. |
| 8 | | (b) For taxable years beginning on or after January 1, |
| 9 | | 2020, and beginning on or before January 1, 2026 2025, the |
| 10 | | employer of one or more qualifying apprentices shall be |
| 11 | | allowed a credit against the tax imposed by subsections (a) |
| 12 | | and (b) of Section 201 of the Illinois Income Tax Act for |
| 13 | | qualified education expenses incurred on behalf of a |
| 14 | | qualifying apprentice. The credit shall be equal to 100% of |
| 15 | | the qualified education expenses, but in no event may the |
| 16 | | total credit amount awarded to a single taxpayer in a single |
| 17 | | taxable year exceed $3,500 per qualifying apprentice. A |
| 18 | | taxpayer shall be entitled to an additional $1,500 credit |
| 19 | | against the tax imposed by subsections (a) and (b) of Section |
| 20 | | 201 of the Illinois Income Tax Act if (i) the qualifying |
| 21 | | apprentice resides in an underserved area as defined in |
| 22 | | Section 5-5 of the Economic Development for a Growing Economy |
| 23 | | Tax Credit Act during the school year for which a credit is |
| 24 | | sought by an employer or (ii) the employer's principal place |
| 25 | | of business is located in an underserved area, as defined in |
| 26 | | Section 5-5 of the Economic Development for a Growing Economy |
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| 1 | | Tax Credit Act. In no event shall a credit under this Section |
| 2 | | reduce the taxpayer's liability under this Act to less than |
| 3 | | zero. For taxable years ending before December 31, 2023, for |
| 4 | | partners, shareholders of Subchapter S corporations, and |
| 5 | | owners of limited liability companies, if the liability |
| 6 | | company is treated as a partnership for purposes of federal |
| 7 | | and State income taxation, there shall be allowed a credit |
| 8 | | under this Section to be determined in accordance with the |
| 9 | | determination of income and distributive share of income under |
| 10 | | Sections 702 and 704 and Subchapter S of the Internal Revenue |
| 11 | | Code. For taxable years ending on or after December 31, 2023, |
| 12 | | partners and shareholders of subchapter S corporations are |
| 13 | | entitled to a credit under this Section as provided in Section |
| 14 | | 251. |
| 15 | | (c) The Department shall implement a program to certify |
| 16 | | applicants for an apprenticeship credit under this Section. |
| 17 | | Upon satisfactory review, the Department shall issue a tax |
| 18 | | credit certificate to an employer incurring costs on behalf of |
| 19 | | a qualifying apprentice stating the amount of the tax credit |
| 20 | | to which the employer is entitled. If the employer is seeking a |
| 21 | | tax credit for multiple qualifying apprentices, the Department |
| 22 | | may issue a single tax credit certificate that encompasses the |
| 23 | | aggregate total of tax credits for qualifying apprentices for |
| 24 | | a single employer. |
| 25 | | (d) The Department, in addition to those powers granted |
| 26 | | under the Civil Administrative Code of Illinois, is granted |
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| 1 | | and shall have all the powers necessary or convenient to carry |
| 2 | | out and effectuate the purposes and provisions of this |
| 3 | | Section, including, but not limited to, power and authority |
| 4 | | to: |
| 5 | | (1) Adopt rules deemed necessary and appropriate for |
| 6 | | the administration of this Section; establish forms for |
| 7 | | applications, notifications, contracts, or any other |
| 8 | | agreements; and accept applications at any time during the |
| 9 | | year and require that all applications be submitted via |
| 10 | | the Internet. The Department shall require that |
| 11 | | applications be submitted in electronic form. |
| 12 | | (2) Provide guidance and assistance to applicants |
| 13 | | pursuant to the provisions of this Section and cooperate |
| 14 | | with applicants to promote, foster, and support job |
| 15 | | creation within the State. |
| 16 | | (3) Enter into agreements and memoranda of |
| 17 | | understanding for participation of and engage in |
| 18 | | cooperation with agencies of the federal government, units |
| 19 | | of local government, universities, research foundations or |
| 20 | | institutions, regional economic development corporations, |
| 21 | | or other organizations for the purposes of this Section. |
| 22 | | (4) Gather information and conduct inquiries, in the |
| 23 | | manner and by the methods it deems desirable, including, |
| 24 | | without limitation, gathering information with respect to |
| 25 | | applicants for the purpose of making any designations or |
| 26 | | certifications necessary or desirable or to gather |
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| 1 | | information in furtherance of the purposes of this Act. |
| 2 | | (5) Establish, negotiate, and effectuate any term, |
| 3 | | agreement, or other document with any person necessary or |
| 4 | | appropriate to accomplish the purposes of this Section, |
| 5 | | and consent, subject to the provisions of any agreement |
| 6 | | with another party, to the modification or restructuring |
| 7 | | of any agreement to which the Department is a party. |
| 8 | | (6) Provide for sufficient personnel to permit |
| 9 | | administration, staffing, operation, and related support |
| 10 | | required to adequately discharge its duties and |
| 11 | | responsibilities described in this Section from funds made |
| 12 | | available through charges to applicants or from funds as |
| 13 | | may be appropriated by the General Assembly for the |
| 14 | | administration of this Section. |
| 15 | | (7) Require applicants, upon written request, to issue |
| 16 | | any necessary authorization to the appropriate federal, |
| 17 | | State, or local authority or any other person for the |
| 18 | | release to the Department of information requested by the |
| 19 | | Department, including, but not be limited to, financial |
| 20 | | reports, returns, or records relating to the applicant or |
| 21 | | to the amount of credit allowable under this Section. |
| 22 | | (8) Require that an applicant shall, at all times, |
| 23 | | keep proper books of record and account in accordance with |
| 24 | | generally accepted accounting principles consistently |
| 25 | | applied, with the books, records, or papers related to the |
| 26 | | agreement in the custody or control of the applicant open |
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| 1 | | for reasonable Department inspection and audits, |
| 2 | | including, without limitation, the making of copies of the |
| 3 | | books, records, or papers. |
| 4 | | (9) Take whatever actions are necessary or appropriate |
| 5 | | to protect the State's interest in the event of |
| 6 | | bankruptcy, default, foreclosure, or noncompliance with |
| 7 | | the terms and conditions of financial assistance or |
| 8 | | participation required under this Section or any agreement |
| 9 | | entered into under this Section, including the power to |
| 10 | | sell, dispose of, lease, or rent, upon terms and |
| 11 | | conditions determined by the Department to be appropriate, |
| 12 | | real or personal property that the Department may recover |
| 13 | | as a result of these actions. |
| 14 | | (e) The Department, in consultation with the Department of |
| 15 | | Revenue, shall adopt rules to administer this Section. The |
| 16 | | aggregate amount of the tax credits that may be claimed under |
| 17 | | this Section for qualified education expenses incurred by an |
| 18 | | employer on behalf of a qualifying apprentice shall be limited |
| 19 | | to $5,000,000 per calendar year. If applications for a greater |
| 20 | | amount are received, credits shall be allowed on a first-come |
| 21 | | first-served basis, based on the date on which each properly |
| 22 | | completed application for a certificate of eligibility is |
| 23 | | received by the Department. If more than one certificate is |
| 24 | | received on the same day, the credits will be awarded based on |
| 25 | | the time of submission for that particular day. |
| 26 | | (f) An employer may not sell or otherwise transfer a |
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| 1 | | credit awarded under this Section to another person or |
| 2 | | taxpayer. |
| 3 | | (g) The employer shall provide the Department such |
| 4 | | information as the Department may require, including but not |
| 5 | | limited to: (i) the name, age, and taxpayer identification |
| 6 | | number of each qualifying apprentice employed by the taxpayer |
| 7 | | during the taxable year; (ii) the amount of qualified |
| 8 | | education expenses incurred with respect to each qualifying |
| 9 | | apprentice; and (iii) the name of the school at which the |
| 10 | | qualifying apprentice is enrolled and the qualified education |
| 11 | | expenses are incurred. |
| 12 | | (h) On or before July 1 of each year, the Department shall |
| 13 | | report to the Governor and the General Assembly on the tax |
| 14 | | credit certificates awarded under this Section for the prior |
| 15 | | calendar year. The report must include: |
| 16 | | (1) the name of each employer awarded or allocated a |
| 17 | | credit; |
| 18 | | (2) the number of qualifying apprentices for whom the |
| 19 | | employer has incurred qualified education expenses; |
| 20 | | (3) the North American Industry Classification System |
| 21 | | (NAICS) code applicable to each employer awarded or |
| 22 | | allocated a credit; |
| 23 | | (4) the amount of the credit awarded or allocated to |
| 24 | | each employer; |
| 25 | | (5) the total number of employers awarded or allocated |
| 26 | | a credit; |
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| 1 | | (6) the total number of qualifying apprentices for |
| 2 | | whom employers receiving credits under this Section |
| 3 | | incurred qualified education expenses; and |
| 4 | | (7) the average cost to the employer of all |
| 5 | | apprenticeships receiving credits under this Section. |
| 6 | | (Source: P.A. 102-558, eff. 8-20-21; 103-396, eff. 1-1-24.)
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| 7 | | Section 35. The Counties Code is amended by changing |
| 8 | | Section 3-4013 as follows:
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| 9 | | (55 ILCS 5/3-4013) |
| 10 | | (Section scheduled to be repealed on December 31, 2024) |
| 11 | | Sec. 3-4013. Public Defender Quality Defense Task Force. |
| 12 | | (a) The Public Defender Quality Defense Task Force is |
| 13 | | established to: (i) examine the current caseload and determine |
| 14 | | the optimal caseload for public defenders in the State; (ii) |
| 15 | | examine the quality of legal services being offered to |
| 16 | | defendants by public defenders of the State; (iii) make |
| 17 | | recommendations to improve the caseload of public defenders |
| 18 | | and quality of legal services offered by public defenders; and |
| 19 | | (iv) provide recommendations to the General Assembly and |
| 20 | | Governor on legislation to provide for an effective public |
| 21 | | defender system throughout the State and encourage the active |
| 22 | | and substantial participation of the private bar in the |
| 23 | | representation of accused people. |
| 24 | | (b) The following members shall be appointed to the Task |
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| 1 | | Force by the Governor no later than 30 days after the effective |
| 2 | | date of this amendatory Act of the 102nd General Assembly: |
| 3 | | (1) 2 assistant public defenders from the Office of |
| 4 | | the Cook County Public Defender. |
| 5 | | (2) 5 public defenders or assistant public defenders |
| 6 | | from 5 counties other than Cook County. |
| 7 | | (3) One Cook County circuit judge experienced in the |
| 8 | | litigation of criminal law matters. |
| 9 | | (4) One circuit judge from outside of Cook County |
| 10 | | experienced in the litigation of criminal law matters. |
| 11 | | (5) One representative from the Office of the State |
| 12 | | Appellate Defender. |
| 13 | | Task Force members shall serve without compensation but |
| 14 | | may be reimbursed for their expenses incurred in performing |
| 15 | | their duties. If a vacancy occurs in the Task Force |
| 16 | | membership, the vacancy shall be filled in the same manner as |
| 17 | | the original appointment for the remainder of the Task Force. |
| 18 | | (c) The Task Force shall hold a minimum of 2 public |
| 19 | | hearings. At the public hearings, the Task Force shall take |
| 20 | | testimony of public defenders, former criminal defendants |
| 21 | | represented by public defenders, and any other person the Task |
| 22 | | Force believes would aid the Task Force's examination and |
| 23 | | recommendations under subsection (a). The Task may meet as |
| 24 | | such other times as it deems appropriate. |
| 25 | | (d) The Office of the State Appellate Defender shall |
| 26 | | provide administrative and other support to the Task Force. |
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| 1 | | (e) The Task Force shall prepare a report that summarizes |
| 2 | | its work and makes recommendations resulting from its study. |
| 3 | | The Task Force shall submit the report of its findings and |
| 4 | | recommendations to the Governor and the General Assembly no |
| 5 | | later than December 31, 2023. |
| 6 | | (f) This Section is repealed on January 1, 2026 December |
| 7 | | 31, 2024. |
| 8 | | (Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.)
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| 9 | | Section 40. The Park Commissioners Land Sale Act is |
| 10 | | amended by changing Section 20 as follows:
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| 11 | | (70 ILCS 1235/20) |
| 12 | | (Section scheduled to be repealed on January 1, 2025) |
| 13 | | Sec. 20. Elliot Golf Course. |
| 14 | | (a) Notwithstanding any other provision of law, the |
| 15 | | Rockford Park District may sell all or part of the property |
| 16 | | containing the former Elliot Golf Course or other property |
| 17 | | adjacent thereto if: |
| 18 | | (1) the board of commissioners of the Rockford Park |
| 19 | | District authorizes the sale by a vote of 80% or more of |
| 20 | | all commissioners in office at the time of the vote; and |
| 21 | | (2) the sale price equals or exceeds the average of 3 |
| 22 | | independent appraisals commissioned by the Rockford Park |
| 23 | | District. |
| 24 | | (b) The sale may be performed in a single transaction or |
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| 1 | | multiple independent transactions and to one or more buyers. |
| 2 | | (c) The Public Works Department of the City of Rockford |
| 3 | | shall have the right to review any proposed development plan |
| 4 | | that is submitted to the Village of Cherry Valley for the |
| 5 | | properties described in this Section in order to confirm that |
| 6 | | the proposed development plan does not adversely impact |
| 7 | | drainage, water detention, or flooding on the property legally |
| 8 | | described in the perpetual flowage easement recorded as |
| 9 | | Document Number 9509260 in the Office of the Winnebago County |
| 10 | | Recorder on March 17, 1995. The Public Works Department of the |
| 11 | | City of Rockford shall complete its review of any proposed |
| 12 | | development plan under this subsection (c) within 45 days |
| 13 | | after its receipt of that plan from the Village of Cherry |
| 14 | | Valley. |
| 15 | | (d) This Section is repealed January 1, 2026 2025. |
| 16 | | (Source: P.A. 102-923, eff. 5-27-22.)
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| 17 | | Section 43. The Out-of-State Person Subject to Involuntary |
| 18 | | Admission on an Inpatient Basis Mental Health Treatment Act is |
| 19 | | amended by changing Section 45 as follows:
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| 20 | | (405 ILCS 110/45) |
| 21 | | (Section scheduled to be repealed on January 1, 2025) |
| 22 | | Sec. 45. Repeal. This Act is repealed on January 1, 2026 |
| 23 | | 2025. |
| 24 | | (Source: P.A. 100-12, eff. 7-1-17; 101-472, eff. 8-23-19.)
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| 1 | | Section 45. The Reimagine Public Safety Act is amended by |
| 2 | | changing Section 35-25 as follows:
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| 3 | | (430 ILCS 69/35-25) |
| 4 | | Sec. 35-25. Integrated violence prevention and other |
| 5 | | services. |
| 6 | | (a) Subject to appropriation, for municipalities with |
| 7 | | 1,000,000 or more residents, the Office of Firearm Violence |
| 8 | | Prevention shall make grants to violence prevention |
| 9 | | organizations for evidence-based violence prevention services. |
| 10 | | Approved technical assistance and training providers shall |
| 11 | | create learning communities for the exchange of information |
| 12 | | between community-based organizations in the same or similar |
| 13 | | fields. Firearm violence prevention organizations shall |
| 14 | | prioritize individuals at the highest risk of firearm violence |
| 15 | | victimization and provide these individuals with |
| 16 | | evidence-based comprehensive services that reduce their |
| 17 | | exposure to chronic firearm violence. |
| 18 | | (a-5) Grants may be awarded under this Act to Reimagine |
| 19 | | Public Safety grantees or their subgrantees to provide any one |
| 20 | | or more of the following services to Reimagine Public Safety |
| 21 | | program participants or credible messengers: |
| 22 | | (1) Behavioral health services, including clinical |
| 23 | | interventions, crisis interventions, and group counseling |
| 24 | | supports, such as peer support groups, social-emotional |
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| 1 | | learning supports, including skill building for anger |
| 2 | | management, de-escalation, sensory stabilization, coping |
| 3 | | strategies, and thoughtful decision-making, short-term |
| 4 | | clinical individual sessions, psycho-social assessments, |
| 5 | | and motivational interviewing. |
| 6 | | (A) Funds awarded under this paragraph may be used |
| 7 | | for behavioral health services until July 1, 2025 |
| 8 | | 2024. |
| 9 | | (B) Any community violence prevention service |
| 10 | | provider being reimbursed from funds awarded under |
| 11 | | this paragraph for behavioral health services must |
| 12 | | also file a plan to become Medicaid certified for |
| 13 | | violence prevention-community support team services |
| 14 | | under the Illinois Medicaid program on or before July |
| 15 | | 1, 2025 2024. |
| 16 | | (2) Capacity-building services, including |
| 17 | | administrative and programmatic support, services, and |
| 18 | | resources, such as subcontract development, budget |
| 19 | | development, grant monitoring and reporting, and fiscal |
| 20 | | sponsorship. Capacity-building services financed with |
| 21 | | grants awarded under this Act may also include intensive |
| 22 | | training and technical assistance focused on Community |
| 23 | | Violence Intervention (CVI) not-for-profit business |
| 24 | | operations, best practice delivery of firearm violence |
| 25 | | prevention services, and assistance with administering and |
| 26 | | meeting fiscal reporting or auditing requirements. |
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| 1 | | Capacity-building services financed with grants awarded |
| 2 | | under this Act must be directed to a current or potential |
| 3 | | Reimagine Public Safety firearm violence prevention |
| 4 | | provider and cannot exceed 20% of potential funds awarded |
| 5 | | to the relevant provider or future provider. |
| 6 | | (3) Legal aid services, including funding for staff |
| 7 | | attorneys and paralegals to provide education, training, |
| 8 | | legal services, and advocacy for program recipients. Legal |
| 9 | | aid services that may be provided with grant funds awarded |
| 10 | | under this Act include "Know Your Rights" clinics, |
| 11 | | trainings targeting returning citizens and families |
| 12 | | impacted by incarceration, and long-term legal efforts |
| 13 | | addressing expungement, civil rights, family law, housing, |
| 14 | | employment, and victim rights. Legal aid services provided |
| 15 | | with grant funds awarded under this Act shall not be |
| 16 | | directed toward criminal justice issues. |
| 17 | | (4) Housing services, including grants for emergency |
| 18 | | and temporary housing for individuals at immediate risk of |
| 19 | | firearm violence, except that grant funding provided under |
| 20 | | this paragraph must be directed only toward Reimagine |
| 21 | | Public Safety program participants. |
| 22 | | (5) Workforce development services, including grants |
| 23 | | for job coaching, intensive case management, employment |
| 24 | | training and placement, and retention services, including |
| 25 | | the provision of transitional job placements and access to |
| 26 | | basic certificate training for industry-specific jobs. |
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| 1 | | Training also includes the provision of education-related |
| 2 | | content, such as financial literacy training, GED |
| 3 | | preparation, and academic coaching. |
| 4 | | (6) Re-entry services for individuals exiting the |
| 5 | | State or county criminal justice systems, if those |
| 6 | | individuals are either eligible for services under this |
| 7 | | Act as participants or are individuals who can make an |
| 8 | | immediate contribution to mediate neighborhood conflicts |
| 9 | | if they receive stabilizing services. Re-entry services |
| 10 | | financed with grants awarded under this Act include all |
| 11 | | services authorized under this Act, including services |
| 12 | | listed in this subsection. |
| 13 | | (7) Victim services, including assessments and |
| 14 | | screening of victim needs, planning sessions related to |
| 15 | | assessments, service planning and goal setting, assessing |
| 16 | | intervention needs, notifying and navigating participants |
| 17 | | through public agency processes for victim compensation, |
| 18 | | crisis intervention, emergency financial assistance, |
| 19 | | transportation, medical care, stable housing, and shelter, |
| 20 | | assessment and linkage to public benefits, and relocation |
| 21 | | services. |
| 22 | | (b) In the geographic areas they serve, violence |
| 23 | | prevention organizations shall develop expertise in: |
| 24 | | (1) Analyzing and leveraging data to identify the |
| 25 | | individuals who will most benefit from evidence-based |
| 26 | | violence prevention services in their geographic areas. |
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| 1 | | (2) Identifying the conflicts that are responsible for |
| 2 | | recurring violence. |
| 3 | | (3) Having relationships with individuals who are most |
| 4 | | able to reduce conflicts. |
| 5 | | (4) Addressing the stabilization and trauma recovery |
| 6 | | needs of individuals impacted by violence by providing |
| 7 | | direct services for their unmet needs or referring them to |
| 8 | | other qualified service providers. |
| 9 | | (5) Having and building relationships with community |
| 10 | | members and community organizations that provide |
| 11 | | evidence-based violence prevention services and get |
| 12 | | referrals of people who will most benefit from |
| 13 | | evidence-based violence prevention services in their |
| 14 | | geographic areas. |
| 15 | | (6) Providing training and technical assistance to |
| 16 | | local law enforcement agencies to improve their |
| 17 | | effectiveness without having any role, requirement, or |
| 18 | | mandate to participate in the policing, enforcement, or |
| 19 | | prosecution of any crime. |
| 20 | | (c) Violence prevention organizations receiving grants |
| 21 | | under this Act shall coordinate services with other violence |
| 22 | | prevention organizations in their area. |
| 23 | | (d) The Office of Firearm Violence Prevention shall |
| 24 | | identify, for each separate eligible service area under this |
| 25 | | Act, an experienced violence prevention organization to serve |
| 26 | | as the Lead Violence Prevention Convener for that area and |
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| 1 | | provide each Lead Violence Prevention Convener with a grant to |
| 2 | | coordinate monthly meetings between violence prevention |
| 3 | | organizations and youth development organizations under this |
| 4 | | Act. The Lead Violence Prevention Convener may also receive, |
| 5 | | from the Office of Firearm Violence Prevention, technical |
| 6 | | assistance or training through approved providers when needs |
| 7 | | are jointly identified. The Lead Violence Prevention Convener |
| 8 | | shall: |
| 9 | | (1) provide the convened organizations with summary |
| 10 | | notes recommendations made at the monthly meetings to |
| 11 | | improve the effectiveness of evidence-based violence |
| 12 | | prevention services based on review of timely data on |
| 13 | | shootings and homicides in his or her relevant |
| 14 | | neighborhood; |
| 15 | | (2) attend monthly meetings where the cause of |
| 16 | | violence and other neighborhood disputes is discussed and |
| 17 | | strategize on how to resolve ongoing conflicts and execute |
| 18 | | on agreed plans; |
| 19 | | (3) (blank); |
| 20 | | (4) on behalf of the convened organizations, make |
| 21 | | consensus recommendations to the Office of Firearm |
| 22 | | Violence Prevention and local law enforcement on how to |
| 23 | | reduce violent conflict in his or her neighborhood; |
| 24 | | (5) meet on an emergency basis when conflicts that |
| 25 | | need immediate attention and resolution arise; |
| 26 | | (6) share knowledge and strategies of the community |
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| 1 | | violence dynamic in monthly meetings with local youth |
| 2 | | development specialists receiving grants under this Act; |
| 3 | | (7) select when and where needed an approved Office of |
| 4 | | Violence Prevention-funded technical assistance and |
| 5 | | training service provider to receive agreed upon services; |
| 6 | | and |
| 7 | | (8) after meeting with community residents and other |
| 8 | | community organizations that have expertise in housing, |
| 9 | | mental health, economic development, education, and social |
| 10 | | services, make recommendations to the Office of Firearm |
| 11 | | Violence Prevention on how to target community |
| 12 | | revitalization resources available from federal and State |
| 13 | | funding sources. |
| 14 | | The Office of Firearm Violence Prevention shall compile |
| 15 | | recommendations from all Lead Violence Prevention Conveners |
| 16 | | and report to the General Assembly bi-annually on these |
| 17 | | funding recommendations. The Lead Violence Prevention Convener |
| 18 | | may also serve as a violence prevention or youth development |
| 19 | | provider. |
| 20 | | (e) The Illinois Office of Firearm Violence Prevention |
| 21 | | shall select, when possible and appropriate, no fewer than 2 |
| 22 | | and no more than 3 approved technical assistance and training |
| 23 | | providers to deliver technical assistance and training to the |
| 24 | | violence prevention organizations that request to receive |
| 25 | | approved technical assistance and training. Violence |
| 26 | | prevention organizations shall have the opportunity to select |
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| 1 | | among the approved technical assistance services providers |
| 2 | | funded by the Office of Firearm Violence Prevention, as long |
| 3 | | as the technical assistance provider has the capacity to |
| 4 | | effectively serve the grantees that have selected them. The |
| 5 | | Department shall make best efforts to accommodate second |
| 6 | | choices of violence prevention organizations when the violence |
| 7 | | prevention organizations' first choice does not have capacity |
| 8 | | to provide technical assistance. |
| 9 | | (f) Approved technical assistance and training providers |
| 10 | | may: |
| 11 | | (1) provide training and certification to violence |
| 12 | | prevention professionals on how to perform violence |
| 13 | | prevention services and other professional development to |
| 14 | | violence prevention professionals. |
| 15 | | (2) provide management training on how to manage |
| 16 | | violence prevention professionals; |
| 17 | | (3) provide training and assistance on how to develop |
| 18 | | memorandum of understanding for referral services or |
| 19 | | create approved provider lists for these referral |
| 20 | | services, or both; |
| 21 | | (4) share lessons learned among violence prevention |
| 22 | | professionals and service providers in their network; and |
| 23 | | (5) provide technical assistance and training on human |
| 24 | | resources, grants management, capacity building, and |
| 25 | | fiscal management strategies. |
| 26 | | (g) Approved technical assistance and training providers |
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| 1 | | shall: |
| 2 | | (1) provide additional services identified as |
| 3 | | necessary by the Office of Firearm Violence Prevention and |
| 4 | | service providers in their network; and |
| 5 | | (2) receive a base grant of up to $250,000 plus |
| 6 | | negotiated service rates to provide group and |
| 7 | | individualized services to participating violence |
| 8 | | prevention organizations. |
| 9 | | (h) (Blank). |
| 10 | | (i) The Office of Firearm Violence Prevention shall issue |
| 11 | | grants, when possible and appropriate, to no fewer than 2 |
| 12 | | violence prevention organizations in each of the eligible |
| 13 | | service areas and no more than 6 organizations. When possible, |
| 14 | | the Office of Firearm Violence Prevention shall work, subject |
| 15 | | to eligible applications received, to ensure that grant |
| 16 | | resources are equitably distributed across eligible service |
| 17 | | areas. The Office of Firearm Violence Prevention may establish |
| 18 | | grant award ranges to ensure grants will have the potential to |
| 19 | | reduce violence in each neighborhood. |
| 20 | | (j) No violence prevention organization can serve more |
| 21 | | than 3 eligible service areas unless the Office of Firearm |
| 22 | | Violence Prevention is unable to identify violence prevention |
| 23 | | organizations to provide adequate coverage. |
| 24 | | (k) No approved technical assistance and training provider |
| 25 | | shall provide evidence-based violence prevention services in |
| 26 | | an eligible service area under this Act unless the Office of |
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| 1 | | Firearm Violence Prevention is unable to identify qualified |
| 2 | | violence prevention organizations to provide adequate |
| 3 | | coverage. |
| 4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21; |
| 5 | | 103-8, eff. 6-7-23.)
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| 6 | | Section 46. The Illinois Vehicle Code is amended by |
| 7 | | changing Section 6-308 as follows:
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| 8 | | (625 ILCS 5/6-308) |
| 9 | | (Text of Section before amendment by P.A. 103-789) |
| 10 | | Sec. 6-308. Procedures for traffic violations. |
| 11 | | (a) Any person cited for violating this Code or a similar |
| 12 | | provision of a local ordinance for which a violation is a petty |
| 13 | | offense as defined by Section 5-1-17 of the Unified Code of |
| 14 | | Corrections, excluding business offenses as defined by Section |
| 15 | | 5-1-2 of the Unified Code of Corrections or a violation of |
| 16 | | Section 15-111 or subsection (d) of Section 3-401 of this |
| 17 | | Code, shall not be required to sign the citation for his or her |
| 18 | | release. All other provisions of this Code or similar |
| 19 | | provisions of local ordinances shall be governed by the |
| 20 | | pretrial release provisions of the Illinois Supreme Court |
| 21 | | Rules when it is not practical or feasible to take the person |
| 22 | | before a judge to have conditions of pretrial release set or to |
| 23 | | avoid undue delay because of the hour or circumstances. |
| 24 | | (b) Whenever a person fails to appear in court, the court |
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| 1 | | may continue the case for a minimum of 30 days and the clerk of |
| 2 | | the court shall send notice of the continued court date to the |
| 3 | | person's last known address. If the person does not appear in |
| 4 | | court on or before the continued court date or satisfy the |
| 5 | | court that the person's appearance in and surrender to the |
| 6 | | court is impossible for no fault of the person, the court shall |
| 7 | | enter an order of failure to appear. The clerk of the court |
| 8 | | shall notify the Secretary of State, on a report prescribed by |
| 9 | | the Secretary, of the court's order. The Secretary, when |
| 10 | | notified by the clerk of the court that an order of failure to |
| 11 | | appear has been entered, shall immediately suspend the |
| 12 | | person's driver's license, which shall be designated by the |
| 13 | | Secretary as a Failure to Appear suspension. The Secretary |
| 14 | | shall not remove the suspension, nor issue any permit or |
| 15 | | privileges to the person whose license has been suspended, |
| 16 | | until notified by the ordering court that the person has |
| 17 | | appeared and resolved the violation. Upon compliance, the |
| 18 | | clerk of the court shall present the person with a notice of |
| 19 | | compliance containing the seal of the court, and shall notify |
| 20 | | the Secretary that the person has appeared and resolved the |
| 21 | | violation. |
| 22 | | (c) Illinois Supreme Court Rules shall govern pretrial |
| 23 | | release and appearance procedures when a person who is a |
| 24 | | resident of another state that is not a member of the |
| 25 | | Nonresident Violator Compact of 1977 is cited for violating |
| 26 | | this Code or a similar provision of a local ordinance. |
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| 1 | | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
|
| 2 | | (Text of Section after amendment by P.A. 103-789) |
| 3 | | Sec. 6-308. Procedures for traffic violations. |
| 4 | | (a) Any person cited for violating this Code or a similar |
| 5 | | provision of a local ordinance for which a violation is a petty |
| 6 | | offense as defined by Section 5-1-17 of the Unified Code of |
| 7 | | Corrections, excluding business offenses as defined by Section |
| 8 | | 5-1-2 of the Unified Code of Corrections or a violation of |
| 9 | | Section 15-111 or subsection (d) of Section 3-401 of this |
| 10 | | Code, shall not be required to sign the citation for his or her |
| 11 | | release. All other provisions of this Code or similar |
| 12 | | provisions of local ordinances shall be governed by the |
| 13 | | pretrial release provisions of the Illinois Supreme Court |
| 14 | | Rules when it is not practical or feasible to take the person |
| 15 | | before a judge to have conditions of pretrial release set or to |
| 16 | | avoid undue delay because of the hour or circumstances. |
| 17 | | (b) Whenever a person fails to appear in court, the court |
| 18 | | may continue the case for a minimum of 30 days and the clerk of |
| 19 | | the court shall send notice of the continued court date to the |
| 20 | | person's last known address and, if the clerk of the court |
| 21 | | elects to establish a system to send text, email, and |
| 22 | | telephone notifications, may also send notifications to an |
| 23 | | email address and may send a text message to the person's last |
| 24 | | known cellular telephone number. If the person does not have a |
| 25 | | cellular telephone number, the clerk of the court may reach |
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| 1 | | the person by calling the person's last known landline |
| 2 | | telephone number regarding continued court dates. The notice |
| 3 | | shall include a statement that a subsequent failure to appear |
| 4 | | in court could result in a warrant for the defendant's arrest |
| 5 | | and other significant consequences affecting their driving |
| 6 | | privileges. If the person does not (i) appear in court on or |
| 7 | | before the continued court date, (ii) satisfy the charge |
| 8 | | without a court appearance if allowed by Illinois Supreme |
| 9 | | Court Rule, or (iii) satisfy the court that the person's |
| 10 | | appearance in and surrender to the court is impossible for no |
| 11 | | fault of the person, the court shall enter an ex parte judgment |
| 12 | | of conviction imposing a single assessment, specified in the |
| 13 | | applicable assessment Schedule 10, 10.5, or 11 for the charged |
| 14 | | offense, as provided in the Criminal and Traffic Assessment |
| 15 | | Act, plus a fine allowed by statute. The clerk of the court |
| 16 | | shall notify the Secretary of State, in a form and manner |
| 17 | | prescribed by the Secretary, of the court's order. |
| 18 | | (c) Illinois Supreme Court Rules shall govern pretrial |
| 19 | | release and appearance procedures when a person who is a |
| 20 | | resident of another state that is not a member of the |
| 21 | | Nonresident Violator Compact of 1977 is cited for violating |
| 22 | | this Code or a similar provision of a local ordinance. |
| 23 | | (d) The changes made to this Section by Public Act 103-789 |
| 24 | | this amendatory Act of the 103rd General Assembly apply to |
| 25 | | each individual whose license was suspended pursuant to this |
| 26 | | Section from between January 1, 2020 through and June 30, 2025 |
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| 1 | | the effective date of this amendatory Act of the 103rd General |
| 2 | | Assembly, and the suspension shall be lifted by the Secretary |
| 3 | | of State without further action by any court. |
| 4 | | (Source: P.A. 103-789, eff. 1-1-25.)
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| 5 | | Section 47. The Code of Criminal Procedure of 1963 is |
| 6 | | amended by changing Section 124A-20 as follows:
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| 7 | | (725 ILCS 5/124A-20) |
| 8 | | Sec. 124A-20. Assessment waiver. |
| 9 | | (a) As used in this Section: |
| 10 | | "Assessments" means any costs imposed on a criminal |
| 11 | | defendant under Article 15 of the Criminal and Traffic |
| 12 | | Assessment Act, but does not include violation of the Illinois |
| 13 | | Vehicle Code assessments except as provided in subsection |
| 14 | | (a-5). |
| 15 | | "Indigent person" means any person who meets one or more |
| 16 | | of the following criteria: |
| 17 | | (1) He or she is receiving assistance under one or |
| 18 | | more of the following means-based governmental public |
| 19 | | benefits programs: Supplemental Security Income; Aid to |
| 20 | | the Aged, Blind and Disabled; Temporary Assistance for |
| 21 | | Needy Families; Supplemental Nutrition Assistance Program; |
| 22 | | General Assistance; Transitional Assistance; or State |
| 23 | | Children and Family Assistance. |
| 24 | | (2) His or her available personal income is 200% or |
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| 1 | | less of the current poverty level, unless the applicant's |
| 2 | | assets that are not exempt under Part 9 or 10 of Article |
| 3 | | XII of the Code of Civil Procedure are of a nature and |
| 4 | | value that the court determines that the applicant is able |
| 5 | | to pay the assessments. |
| 6 | | (3) He or she is, in the discretion of the court, |
| 7 | | unable to proceed in an action with payment of assessments |
| 8 | | and whose payment of those assessments would result in |
| 9 | | substantial hardship to the person or his or her family. |
| 10 | | "Poverty level" means the current poverty level as |
| 11 | | established by the United States Department of Health and |
| 12 | | Human Services. |
| 13 | | (a-5) In a county having a population of more than |
| 14 | | 3,000,000, "assessments" means any costs imposed on a criminal |
| 15 | | defendant under Article 15 of the Criminal and Traffic |
| 16 | | Assessment Act, including violation of the Illinois Vehicle |
| 17 | | Code assessments. This subsection is inoperative on and after |
| 18 | | July 1, 2025 2024. |
| 19 | | (b) For criminal offenses reflected in Schedules 1, 3, 4, |
| 20 | | 5, 7, and 8 of Article 15 of the Criminal and Traffic |
| 21 | | Assessment Act, upon the application of any defendant, after |
| 22 | | the commencement of an action, but no later than 30 days after |
| 23 | | sentencing: |
| 24 | | (1) If the court finds that the applicant is an |
| 25 | | indigent person, the court shall grant the applicant a |
| 26 | | full assessment waiver exempting him or her from the |
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| 1 | | payment of any assessments. |
| 2 | | (2) The court shall grant the applicant a partial |
| 3 | | assessment as follows: |
| 4 | | (A) 75% of all assessments shall be waived if the |
| 5 | | applicant's available income is greater than 200% but |
| 6 | | no more than 250% of the poverty level, unless the |
| 7 | | applicant's assets that are not exempt under Part 9 or |
| 8 | | 10 of Article XII of the Code of Civil Procedure are |
| 9 | | such that the applicant is able, without undue |
| 10 | | hardship, to pay the total assessments. |
| 11 | | (B) 50% of all assessments shall be waived if the |
| 12 | | applicant's available income is greater than 250% but |
| 13 | | no more than 300% of the poverty level, unless the |
| 14 | | applicant's assets that are not exempt under Part 9 or |
| 15 | | 10 of Article XII of the Code of Civil Procedure are |
| 16 | | such that the court determines that the applicant is |
| 17 | | able, without undue hardship, to pay a greater portion |
| 18 | | of the assessments. |
| 19 | | (C) 25% of all assessments shall be waived if the |
| 20 | | applicant's available income is greater than 300% but |
| 21 | | no more than 400% of the poverty level, unless the |
| 22 | | applicant's assets that are not exempt under Part 9 or |
| 23 | | 10 of Article XII of the Code of Civil Procedure are |
| 24 | | such that the court determines that the applicant is |
| 25 | | able, without undue hardship, to pay a greater portion |
| 26 | | of the assessments. |
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| 1 | | (b-5) For traffic and petty offenses reflected in |
| 2 | | Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and |
| 3 | | Traffic Assessment Act, upon the application of any defendant, |
| 4 | | after the commencement of an action, but no later than 30 days |
| 5 | | after sentencing, the court shall grant the applicant a |
| 6 | | partial assessment as follows: |
| 7 | | (1) 50% of all assessments shall be waived if the |
| 8 | | court finds that the applicant is an indigent person or if |
| 9 | | the applicant's available income is not greater than 200% |
| 10 | | of the poverty level, unless the applicant's assets that |
| 11 | | are not exempt under Part 9 or 10 of Article XII of the |
| 12 | | Code of Civil Procedure are such that the applicant is |
| 13 | | able, without undue hardship, to pay the total |
| 14 | | assessments. |
| 15 | | (2) 37.5% of all assessments shall be waived if the |
| 16 | | applicant's available income is greater than 200% but no |
| 17 | | more than 250% of the poverty level, unless the |
| 18 | | applicant's assets that are not exempt under Part 9 or 10 |
| 19 | | of Article XII of the Code of Civil Procedure are such that |
| 20 | | the applicant is able, without undue hardship, to pay the |
| 21 | | total assessments. |
| 22 | | (3) 25% of all assessments shall be waived if the |
| 23 | | applicant's available income is greater than 250% but no |
| 24 | | more than 300% of the poverty level, unless the |
| 25 | | applicant's assets that are not exempt under Part 9 or 10 |
| 26 | | of Article XII of the Code of Civil Procedure are such that |
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| 1 | | the court determines that the applicant is able, without |
| 2 | | undue hardship, to pay a greater portion of the |
| 3 | | assessments. |
| 4 | | (4) 12.5% of all assessments shall be waived if the |
| 5 | | applicant's available income is greater than 300% but no |
| 6 | | more than 400% of the poverty level, unless the |
| 7 | | applicant's assets that are not exempt under Part 9 or 10 |
| 8 | | of Article XII of the Code of Civil Procedure are such that |
| 9 | | the court determines that the applicant is able, without |
| 10 | | undue hardship, to pay a greater portion of the |
| 11 | | assessments. |
| 12 | | (c) An application for a waiver of assessments shall be in |
| 13 | | writing, signed by the defendant or, if the defendant is a |
| 14 | | minor, by another person having knowledge of the facts, and |
| 15 | | filed no later than 30 days after sentencing. The contents of |
| 16 | | the application for a waiver of assessments, and the procedure |
| 17 | | for deciding the applications, shall be established by Supreme |
| 18 | | Court Rule. Factors to consider in evaluating an application |
| 19 | | shall include: |
| 20 | | (1) the applicant's receipt of needs based |
| 21 | | governmental public benefits, including Supplemental |
| 22 | | Security Income (SSI); Aid to the Aged, Blind and Disabled |
| 23 | | (AABD); Temporary Assistance for Needy Families (TANF); |
| 24 | | Supplemental Nutrition Assistance Program (SNAP or "food |
| 25 | | stamps"); General Assistance; Transitional Assistance; or |
| 26 | | State Children and Family Assistance; |
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| 1 | | (2) the employment status of the applicant and amount |
| 2 | | of monthly income, if any; |
| 3 | | (3) income received from the applicant's pension, |
| 4 | | Social Security benefits, unemployment benefits, and other |
| 5 | | sources; |
| 6 | | (4) income received by the applicant from other |
| 7 | | household members; |
| 8 | | (5) the applicant's monthly expenses, including rent, |
| 9 | | home mortgage, other mortgage, utilities, food, medical, |
| 10 | | vehicle, childcare, debts, child support, and other |
| 11 | | expenses; and |
| 12 | | (6) financial affidavits or other similar supporting |
| 13 | | documentation provided by the applicant showing that |
| 14 | | payment of the imposed assessments would result in |
| 15 | | substantial hardship to the applicant or the applicant's |
| 16 | | family. |
| 17 | | (d) The clerk of court shall provide the application for a |
| 18 | | waiver of assessments to any defendant who indicates an |
| 19 | | inability to pay the assessments. The clerk of the court shall |
| 20 | | post in a conspicuous place in the courthouse a notice, no |
| 21 | | smaller than 8.5 x 11 inches and using no smaller than 30-point |
| 22 | | typeface printed in English and in Spanish, advising criminal |
| 23 | | defendants they may ask the court for a waiver of any court |
| 24 | | ordered assessments. The notice shall be substantially as |
| 25 | | follows: |
| 26 | | "If you are unable to pay the required assessments, |
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| 1 | | you may ask the court to waive payment of them. Ask the |
| 2 | | clerk of the court for forms." |
| 3 | | (e) For good cause shown, the court may allow an applicant |
| 4 | | whose application is denied or who receives a partial |
| 5 | | assessment waiver to defer payment of the assessments, make |
| 6 | | installment payments, or make payment upon reasonable terms |
| 7 | | and conditions stated in the order. |
| 8 | | (f) Nothing in this Section shall be construed to affect |
| 9 | | the right of a party to court-appointed counsel, as authorized |
| 10 | | by any other provision of law or by the rules of the Illinois |
| 11 | | Supreme Court. |
| 12 | | (g) The provisions of this Section are severable under |
| 13 | | Section 1.31 of the Statute on Statutes. |
| 14 | | (Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)
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| 15 | | Section 50. The Unemployment Insurance Act is amended by |
| 16 | | changing Sections 235, 401, 403, 1400.1, 1505, 1506.6, and |
| 17 | | 2101.1 as follows:
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| 18 | | (820 ILCS 405/235) (from Ch. 48, par. 345) |
| 19 | | Sec. 235. (I) If and only if funds from the State treasury |
| 20 | | are not appropriated on or before January 31, 2023 that are |
| 21 | | dedicated to pay all outstanding advances made to the State's |
| 22 | | account in the Unemployment Trust Fund pursuant to Title XII |
| 23 | | of the federal Social Security Act, then this Part (I) is |
| 24 | | inoperative retroactive to January 1, 2023. |
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| 1 | | The term "wages" does not include: |
| 2 | | A. With respect to calendar years prior to calendar year |
| 3 | | 2023, the maximum amount includable as "wages" shall be |
| 4 | | determined pursuant to this Section as in effect prior to the |
| 5 | | effective date of this amendatory Act of the 102nd General |
| 6 | | Assembly. |
| 7 | | With respect to the calendar year 2023, the term "wages" |
| 8 | | shall include only the remuneration paid to an individual by |
| 9 | | an employer during that period with respect to employment |
| 10 | | which does not exceed $13,271. |
| 11 | | With respect to the calendar year 2024, the term "wages" |
| 12 | | shall include only the remuneration paid to an individual by |
| 13 | | an employer during that period with respect to employment |
| 14 | | which does not exceed $13,590. |
| 15 | | With respect to the calendar year 2025, the term "wages" |
| 16 | | shall include only the remuneration paid to an individual by |
| 17 | | an employer during that period with respect to employment |
| 18 | | which does not exceed $13,916. |
| 19 | | With respect to the calendar year 2026, the term "wages" |
| 20 | | shall include only the remuneration paid to an individual by |
| 21 | | an employer during that period with respect to employment |
| 22 | | which does not exceed $14,250. |
| 23 | | With respect to the calendar year 2027, and each calendar |
| 24 | | year thereafter, the term "wages" shall include only the |
| 25 | | remuneration paid to an individual by an employer during that |
| 26 | | period with respect to employment which does not exceed |
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| 1 | | $14,592. |
| 2 | | The remuneration paid to an individual by an employer with |
| 3 | | respect to employment in another State or States, upon which |
| 4 | | contributions were required of such employer under an |
| 5 | | unemployment compensation law of such other State or States, |
| 6 | | shall be included as a part of the remuneration herein |
| 7 | | referred to. For the purposes of this subsection, any |
| 8 | | employing unit which succeeds to the organization, trade, or |
| 9 | | business, or to substantially all of the assets of another |
| 10 | | employing unit, or to the organization, trade, or business, or |
| 11 | | to substantially all of the assets of a distinct severable |
| 12 | | portion of another employing unit, shall be treated as a |
| 13 | | single unit with its predecessor for the calendar year in |
| 14 | | which such succession occurs; any employing unit which is |
| 15 | | owned or controlled by the same interests which own or control |
| 16 | | another employing unit shall be treated as a single unit with |
| 17 | | the unit so owned or controlled by such interests for any |
| 18 | | calendar year throughout which such ownership or control |
| 19 | | exists; and, with respect to any trade or business transfer |
| 20 | | subject to subsection A of Section 1507.1, a transferee, as |
| 21 | | defined in subsection G of Section 1507.1, shall be treated as |
| 22 | | a single unit with the transferor, as defined in subsection G |
| 23 | | of Section 1507.1, for the calendar year in which the transfer |
| 24 | | occurs. This subsection applies only to Sections 1400, 1405A, |
| 25 | | and 1500. |
| 26 | | A-1. (Blank). |
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| 1 | | B. The amount of any payment (including any amount paid by |
| 2 | | an employer for insurance or annuities, or into a fund, to |
| 3 | | provide for any such payment), made to, or on behalf of, an |
| 4 | | individual or any of the individual's his dependents under a |
| 5 | | plan or system established by an employer which makes |
| 6 | | provision generally for individuals performing services for |
| 7 | | the employer him (or for such individuals generally and their |
| 8 | | dependents) or for a class or classes of such individuals (or |
| 9 | | for a class or classes of such individuals and their |
| 10 | | dependents), on account of (1) sickness or accident disability |
| 11 | | (except those sickness or accident disability payments which |
| 12 | | would be includable as "wages" in Section 3306(b)(2)(A) of the |
| 13 | | Federal Internal Revenue Code of 1954, in effect on January 1, |
| 14 | | 1985, such includable payments to be attributable in such |
| 15 | | manner as provided by Section 3306(b) of the Federal Internal |
| 16 | | Revenue Code of 1954, in effect on January 1, 1985), or (2) |
| 17 | | medical or hospitalization expenses in connection with |
| 18 | | sickness or accident disability, or (3) death. |
| 19 | | C. Any payment made to, or on behalf of, an employee or the |
| 20 | | employee's his beneficiary which would be excluded from |
| 21 | | "wages" by subparagraph (A), (B), (C), (D), (E), (F) or (G), of |
| 22 | | Section 3306(b)(5) of the Federal Internal Revenue Code of |
| 23 | | 1954, in effect on January 1, 1985. |
| 24 | | D. The amount of any payment on account of sickness or |
| 25 | | accident disability, or medical or hospitalization expenses in |
| 26 | | connection with sickness or accident disability, made by an |
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| 1 | | employer to, or on behalf of, an individual performing |
| 2 | | services for the employer him after the expiration of six |
| 3 | | calendar months following the last calendar month in which the |
| 4 | | individual performed services for such employer. |
| 5 | | E. Remuneration paid in any medium other than cash by an |
| 6 | | employing unit to an individual for service in agricultural |
| 7 | | labor as defined in Section 214. |
| 8 | | F. The amount of any supplemental payment made by an |
| 9 | | employer to an individual performing services for the employer |
| 10 | | him, other than remuneration for services performed, under a |
| 11 | | shared work plan approved by the Director pursuant to Section |
| 12 | | 407.1. |
| 13 | | (II) (Blank). This Part (II) becomes operative if and only |
| 14 | | if funds from the State treasury are not appropriated on or |
| 15 | | before January 31, 2023 that are dedicated to pay all |
| 16 | | outstanding advances made to the State's account in the |
| 17 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 18 | | Social Security Act. If this Part (II) becomes operative, it |
| 19 | | is operative retroactive to January 1, 2023. |
| 20 | | The term "wages" does not include: |
| 21 | | A. With respect to calendar years prior to calendar year |
| 22 | | 2004, the maximum amount includable as "wages" shall be |
| 23 | | determined pursuant to this Section as in effect on January 1, |
| 24 | | 2006. |
| 25 | | With respect to the calendar year 2004, the term "wages" |
| 26 | | shall include only the remuneration paid to an individual by |
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| 1 | | an employer during that period with respect to employment |
| 2 | | which does not exceed $9,800. With respect to the calendar |
| 3 | | years 2005 through 2009, the term "wages" shall include only |
| 4 | | the remuneration paid to an individual by an employer during |
| 5 | | that period with respect to employment which does not exceed |
| 6 | | the following amounts: $10,500 with respect to the calendar |
| 7 | | year 2005; $11,000 with respect to the calendar year 2006; |
| 8 | | $11,500 with respect to the calendar year 2007; $12,000 with |
| 9 | | respect to the calendar year 2008; and $12,300 with respect to |
| 10 | | the calendar year 2009. |
| 11 | | With respect to the calendar years 2010, 2011, 2020, and |
| 12 | | each calendar year thereafter, the term "wages" shall include |
| 13 | | only the remuneration paid to an individual by an employer |
| 14 | | during that period with respect to employment which does not |
| 15 | | exceed the sum of the wage base adjustment applicable to that |
| 16 | | year pursuant to Section 1400.1, plus the maximum amount |
| 17 | | includable as "wages" pursuant to this subsection with respect |
| 18 | | to the immediately preceding calendar year. With respect to |
| 19 | | calendar year 2012, to offset the loss of revenue to the |
| 20 | | State's account in the unemployment trust fund with respect to |
| 21 | | the first quarter of calendar year 2011 as a result of Section |
| 22 | | 1506.5 and the changes made by this amendatory Act of the 97th |
| 23 | | General Assembly to Section 1506.3, the term "wages" shall |
| 24 | | include only the remuneration paid to an individual by an |
| 25 | | employer during that period with respect to employment which |
| 26 | | does not exceed $13,560. Except as otherwise provided in |
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| 1 | | subsection A-1, with respect to calendar year 2013, the term |
| 2 | | "wages" shall include only the remuneration paid to an |
| 3 | | individual by an employer during that period with respect to |
| 4 | | employment which does not exceed $12,900. With respect to the |
| 5 | | calendar years 2014 through 2019, the term "wages" shall |
| 6 | | include only the remuneration paid to an individual by an |
| 7 | | employer during that period with respect to employment which |
| 8 | | does not exceed $12,960. Notwithstanding any provision to the |
| 9 | | contrary, the maximum amount includable as "wages" pursuant to |
| 10 | | this Section shall not be less than $12,300 or greater than |
| 11 | | $12,960 with respect to any calendar year after calendar year |
| 12 | | 2009 except calendar year 2012 and except as otherwise |
| 13 | | provided in subsection A-1. |
| 14 | | The remuneration paid to an individual by an employer with |
| 15 | | respect to employment in another State or States, upon which |
| 16 | | contributions were required of such employer under an |
| 17 | | unemployment compensation law of such other State or States, |
| 18 | | shall be included as a part of the remuneration herein |
| 19 | | referred to. For the purposes of this subsection, any |
| 20 | | employing unit which succeeds to the organization, trade, or |
| 21 | | business, or to substantially all of the assets of another |
| 22 | | employing unit, or to the organization, trade, or business, or |
| 23 | | to substantially all of the assets of a distinct severable |
| 24 | | portion of another employing unit, shall be treated as a |
| 25 | | single unit with its predecessor for the calendar year in |
| 26 | | which such succession occurs; any employing unit which is |
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| 1 | | owned or controlled by the same interests which own or control |
| 2 | | another employing unit shall be treated as a single unit with |
| 3 | | the unit so owned or controlled by such interests for any |
| 4 | | calendar year throughout which such ownership or control |
| 5 | | exists; and, with respect to any trade or business transfer |
| 6 | | subject to subsection A of Section 1507.1, a transferee, as |
| 7 | | defined in subsection G of Section 1507.1, shall be treated as |
| 8 | | a single unit with the transferor, as defined in subsection G |
| 9 | | of Section 1507.1, for the calendar year in which the transfer |
| 10 | | occurs. This subsection applies only to Sections 1400, 1405A, |
| 11 | | and 1500. |
| 12 | | A-1. If, by March 1, 2013, the payments attributable to |
| 13 | | the changes to subsection A by this or any subsequent |
| 14 | | amendatory Act of the 97th General Assembly do not equal or |
| 15 | | exceed the loss to this State's account in the unemployment |
| 16 | | trust fund as a result of Section 1506.5 and the changes made |
| 17 | | to Section 1506.3 by this or any subsequent amendatory Act of |
| 18 | | the 97th General Assembly, including unrealized interest, |
| 19 | | then, with respect to calendar year 2013, the term "wages" |
| 20 | | shall include only the remuneration paid to an individual by |
| 21 | | an employer during that period with respect to employment |
| 22 | | which does not exceed $13,560. |
| 23 | | B. The amount of any payment (including any amount paid by |
| 24 | | an employer for insurance or annuities, or into a fund, to |
| 25 | | provide for any such payment), made to, or on behalf of, an |
| 26 | | individual or any of his dependents under a plan or system |
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| 1 | | established by an employer which makes provision generally for |
| 2 | | individuals performing services for him (or for such |
| 3 | | individuals generally and their dependents) or for a class or |
| 4 | | classes of such individuals (or for a class or classes of such |
| 5 | | individuals and their dependents), on account of (1) sickness |
| 6 | | or accident disability (except those sickness or accident |
| 7 | | disability payments which would be includable as "wages" in |
| 8 | | Section 3306(b)(2)(A) of the Federal Internal Revenue Code of |
| 9 | | 1954, in effect on January 1, 1985, such includable payments |
| 10 | | to be attributable in such manner as provided by Section |
| 11 | | 3306(b) of the Federal Internal Revenue Code of 1954, in |
| 12 | | effect on January 1, 1985), or (2) medical or hospitalization |
| 13 | | expenses in connection with sickness or accident disability, |
| 14 | | or (3) death. |
| 15 | | C. Any payment made to, or on behalf of, an employee or his |
| 16 | | beneficiary which would be excluded from "wages" by |
| 17 | | subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section |
| 18 | | 3306(b)(5) of the Federal Internal Revenue Code of 1954, in |
| 19 | | effect on January 1, 1985. |
| 20 | | D. The amount of any payment on account of sickness or |
| 21 | | accident disability, or medical or hospitalization expenses in |
| 22 | | connection with sickness or accident disability, made by an |
| 23 | | employer to, or on behalf of, an individual performing |
| 24 | | services for him after the expiration of six calendar months |
| 25 | | following the last calendar month in which the individual |
| 26 | | performed services for such employer. |
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| 1 | | E. Remuneration paid in any medium other than cash by an |
| 2 | | employing unit to an individual for service in agricultural |
| 3 | | labor as defined in Section 214. |
| 4 | | F. The amount of any supplemental payment made by an |
| 5 | | employer to an individual performing services for him, other |
| 6 | | than remuneration for services performed, under a shared work |
| 7 | | plan approved by the Director pursuant to Section 407.1. |
| 8 | | (Source: P.A. 102-1105, eff. 1-1-23.)
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| 9 | | (820 ILCS 405/401) (from Ch. 48, par. 401) |
| 10 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances. |
| 11 | | (I) If and only if funds from the State treasury are not |
| 12 | | appropriated on or before January 31, 2023 that are dedicated |
| 13 | | to pay all outstanding advances made to the State's account in |
| 14 | | the Unemployment Trust Fund pursuant to Title XII of the |
| 15 | | federal Social Security Act, then this Part (I) is inoperative |
| 16 | | retroactive to January 1, 2023. |
| 17 | | A. With respect to any week beginning in a benefit year |
| 18 | | beginning prior to January 4, 2004, an individual's weekly |
| 19 | | benefit amount shall be an amount equal to the weekly benefit |
| 20 | | amount as defined in the provisions of this Act as amended and |
| 21 | | in effect on November 18, 2011. |
| 22 | | B. 1. With respect to any benefit year beginning on or |
| 23 | | after January 4, 2004 and before January 6, 2008, an |
| 24 | | individual's weekly benefit amount shall be 48% of the |
| 25 | | individual's his or her prior average weekly wage, rounded (if |
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| 1 | | not already a multiple of one dollar) to the next higher |
| 2 | | dollar; provided, however, that the weekly benefit amount |
| 3 | | cannot exceed the maximum weekly benefit amount and cannot be |
| 4 | | less than $51. Except as otherwise provided in this Section, |
| 5 | | with respect to any benefit year beginning on or after January |
| 6 | | 6, 2008, an individual's weekly benefit amount shall be 47% of |
| 7 | | the individual's his or her prior average weekly wage, rounded |
| 8 | | (if not already a multiple of one dollar) to the next higher |
| 9 | | dollar; provided, however, that the weekly benefit amount |
| 10 | | cannot exceed the maximum weekly benefit amount and cannot be |
| 11 | | less than $51. With respect to any benefit year beginning on or |
| 12 | | after January 1, 2027 2025 and before January 1, 2028 2026, an |
| 13 | | individual's weekly benefit amount shall be 40.6% of the |
| 14 | | individual's his or her prior average weekly wage, rounded (if |
| 15 | | not already a multiple of one dollar) to the next higher |
| 16 | | dollar; provided, however, that the weekly benefit amount |
| 17 | | cannot exceed the maximum weekly benefit amount and cannot be |
| 18 | | less than $51. |
| 19 | | 2. For the purposes of this subsection: |
| 20 | | An individual's "prior average weekly wage" means the |
| 21 | | total wages for insured work paid to that individual during |
| 22 | | the 2 calendar quarters of the individual's his base period in |
| 23 | | which such total wages were highest, divided by 26. If the |
| 24 | | quotient is not already a multiple of one dollar, it shall be |
| 25 | | rounded to the nearest dollar; however if the quotient is |
| 26 | | equally near 2 multiples of one dollar, it shall be rounded to |
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| 1 | | the higher multiple of one dollar. |
| 2 | | "Determination date" means June 1 and December 1 of each |
| 3 | | calendar year except that, for the purposes of this Act only, |
| 4 | | there shall be no June 1 determination date in any year. |
| 5 | | "Determination period" means, with respect to each June 1 |
| 6 | | determination date, the 12 consecutive calendar months ending |
| 7 | | on the immediately preceding December 31 and, with respect to |
| 8 | | each December 1 determination date, the 12 consecutive |
| 9 | | calendar months ending on the immediately preceding June 30. |
| 10 | | "Benefit period" means the 12 consecutive calendar month |
| 11 | | period beginning on the first day of the first calendar month |
| 12 | | immediately following a determination date, except that, with |
| 13 | | respect to any calendar year in which there is a June 1 |
| 14 | | determination date, "benefit period" shall mean the 6 |
| 15 | | consecutive calendar month period beginning on the first day |
| 16 | | of the first calendar month immediately following the |
| 17 | | preceding December 1 determination date and the 6 consecutive |
| 18 | | calendar month period beginning on the first day of the first |
| 19 | | calendar month immediately following the June 1 determination |
| 20 | | date. |
| 21 | | "Gross wages" means all the wages paid to individuals |
| 22 | | during the determination period immediately preceding a |
| 23 | | determination date for insured work, and reported to the |
| 24 | | Director by employers prior to the first day of the third |
| 25 | | calendar month preceding that date. |
| 26 | | "Covered employment" for any calendar month means the |
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| 1 | | total number of individuals, as determined by the Director, |
| 2 | | engaged in insured work at mid-month. |
| 3 | | "Average monthly covered employment" means one-twelfth of |
| 4 | | the sum of the covered employment for the 12 months of a |
| 5 | | determination period. |
| 6 | | "Statewide average annual wage" means the quotient, |
| 7 | | obtained by dividing gross wages by average monthly covered |
| 8 | | employment for the same determination period, rounded (if not |
| 9 | | already a multiple of one cent) to the nearest cent. |
| 10 | | "Statewide average weekly wage" means the quotient, |
| 11 | | obtained by dividing the statewide average annual wage by 52, |
| 12 | | rounded (if not already a multiple of one cent) to the nearest |
| 13 | | cent. Notwithstanding any provision of this Section to the |
| 14 | | contrary, the statewide average weekly wage for any benefit |
| 15 | | period prior to calendar year 2012 shall be as determined by |
| 16 | | the provisions of this Act as amended and in effect on November |
| 17 | | 18, 2011. Notwithstanding any provisions of this Section to |
| 18 | | the contrary, the statewide average weekly wage for the |
| 19 | | benefit period of calendar year 2012 shall be $856.55 and for |
| 20 | | each calendar year thereafter, the statewide average weekly |
| 21 | | wage shall be the statewide average weekly wage, as determined |
| 22 | | in accordance with this sentence, for the immediately |
| 23 | | preceding benefit period plus (or minus) an amount equal to |
| 24 | | the percentage change in the statewide average weekly wage, as |
| 25 | | computed in accordance with the first sentence of this |
| 26 | | paragraph, between the 2 immediately preceding benefit |
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| 1 | | periods, multiplied by the statewide average weekly wage, as |
| 2 | | determined in accordance with this sentence, for the |
| 3 | | immediately preceding benefit period. However, for purposes of |
| 4 | | the Workers' Compensation Act, the statewide average weekly |
| 5 | | wage will be computed using June 1 and December 1 |
| 6 | | determination dates of each calendar year and such |
| 7 | | determination shall not be subject to the limitation of the |
| 8 | | statewide average weekly wage as computed in accordance with |
| 9 | | the preceding sentence of this paragraph. |
| 10 | | With respect to any week beginning in a benefit year |
| 11 | | beginning prior to January 4, 2004, "maximum weekly benefit |
| 12 | | amount" with respect to each week beginning within a benefit |
| 13 | | period shall be as defined in the provisions of this Act as |
| 14 | | amended and in effect on November 18, 2011. |
| 15 | | With respect to any benefit year beginning on or after |
| 16 | | January 4, 2004 and before January 6, 2008, "maximum weekly |
| 17 | | benefit amount" with respect to each week beginning within a |
| 18 | | benefit period means 48% of the statewide average weekly wage, |
| 19 | | rounded (if not already a multiple of one dollar) to the next |
| 20 | | higher dollar. |
| 21 | | Except as otherwise provided in this Section, with respect |
| 22 | | to any benefit year beginning on or after January 6, 2008, |
| 23 | | "maximum weekly benefit amount" with respect to each week |
| 24 | | beginning within a benefit period means 47% of the statewide |
| 25 | | average weekly wage, rounded (if not already a multiple of one |
| 26 | | dollar) to the next higher dollar. |
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| 1 | | With respect to any benefit year beginning on or after |
| 2 | | January 1, 2027 2025 and before January 1, 2028 2026, "maximum |
| 3 | | weekly benefit amount" with respect to each week beginning |
| 4 | | within a benefit period means 40.6% of the statewide average |
| 5 | | weekly wage, rounded (if not already a multiple of one dollar) |
| 6 | | to the next higher dollar. |
| 7 | | C. With respect to any week beginning in a benefit year |
| 8 | | beginning prior to January 4, 2004, an individual's |
| 9 | | eligibility for a dependent allowance with respect to a |
| 10 | | nonworking spouse or one or more dependent children shall be |
| 11 | | as defined by the provisions of this Act as amended and in |
| 12 | | effect on November 18, 2011. |
| 13 | | With respect to any benefit year beginning on or after |
| 14 | | January 4, 2004 and before January 6, 2008, an individual to |
| 15 | | whom benefits are payable with respect to any week shall, in |
| 16 | | addition to those benefits, be paid, with respect to such |
| 17 | | week, as follows: in the case of an individual with a |
| 18 | | nonworking spouse, 9% of the individual's his or her prior |
| 19 | | average weekly wage, rounded (if not already a multiple of one |
| 20 | | dollar) to the next higher dollar, provided, that the total |
| 21 | | amount payable to the individual with respect to a week shall |
| 22 | | not exceed 57% of the statewide average weekly wage, rounded |
| 23 | | (if not already a multiple of one dollar) to the next higher |
| 24 | | dollar; and in the case of an individual with a dependent child |
| 25 | | or dependent children, 17.2% of the individual's his or her |
| 26 | | prior average weekly wage, rounded (if not already a multiple |
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| 1 | | of one dollar) to the next higher dollar, provided that the |
| 2 | | total amount payable to the individual with respect to a week |
| 3 | | shall not exceed 65.2% of the statewide average weekly wage, |
| 4 | | rounded (if not already a multiple of one dollar) to the next |
| 5 | | higher dollar. |
| 6 | | With respect to any benefit year beginning on or after |
| 7 | | January 6, 2008 and before January 1, 2010, an individual to |
| 8 | | whom benefits are payable with respect to any week shall, in |
| 9 | | addition to those benefits, be paid, with respect to such |
| 10 | | week, as follows: in the case of an individual with a |
| 11 | | nonworking spouse, 9% of the individual's his or her prior |
| 12 | | average weekly wage, rounded (if not already a multiple of one |
| 13 | | dollar) to the next higher dollar, provided, that the total |
| 14 | | amount payable to the individual with respect to a week shall |
| 15 | | not exceed 56% of the statewide average weekly wage, rounded |
| 16 | | (if not already a multiple of one dollar) to the next higher |
| 17 | | dollar; and in the case of an individual with a dependent child |
| 18 | | or dependent children, 18.2% of the individual's his or her |
| 19 | | prior average weekly wage, rounded (if not already a multiple |
| 20 | | of one dollar) to the next higher dollar, provided that the |
| 21 | | total amount payable to the individual with respect to a week |
| 22 | | shall not exceed 65.2% of the statewide average weekly wage, |
| 23 | | rounded (if not already a multiple of one dollar) to the next |
| 24 | | higher dollar. |
| 25 | | The additional amount paid pursuant to this subsection in |
| 26 | | the case of an individual with a dependent child or dependent |
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| 1 | | children shall be referred to as the "dependent child |
| 2 | | allowance", and the percentage rate by which an individual's |
| 3 | | prior average weekly wage is multiplied pursuant to this |
| 4 | | subsection to calculate the dependent child allowance shall be |
| 5 | | referred to as the "dependent child allowance rate". |
| 6 | | Except as otherwise provided in this Section, with respect |
| 7 | | to any benefit year beginning on or after January 1, 2010, an |
| 8 | | individual to whom benefits are payable with respect to any |
| 9 | | week shall, in addition to those benefits, be paid, with |
| 10 | | respect to such week, as follows: in the case of an individual |
| 11 | | with a nonworking spouse, the greater of (i) 9% of the |
| 12 | | individual's his or her prior average weekly wage, rounded (if |
| 13 | | not already a multiple of one dollar) to the next higher |
| 14 | | dollar, or (ii) $15, provided that the total amount payable to |
| 15 | | the individual with respect to a week shall not exceed 56% of |
| 16 | | the statewide average weekly wage, rounded (if not already a |
| 17 | | multiple of one dollar) to the next higher dollar; and in the |
| 18 | | case of an individual with a dependent child or dependent |
| 19 | | children, the greater of (i) the product of the dependent |
| 20 | | child allowance rate multiplied by the individual's his or her |
| 21 | | prior average weekly wage, rounded (if not already a multiple |
| 22 | | of one dollar) to the next higher dollar, or (ii) the lesser of |
| 23 | | $50 or 50% of the individual's his or her weekly benefit |
| 24 | | amount, rounded (if not already a multiple of one dollar) to |
| 25 | | the next higher dollar, provided that the total amount payable |
| 26 | | to the individual with respect to a week shall not exceed the |
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| 1 | | product of the statewide average weekly wage multiplied by the |
| 2 | | sum of 47% plus the dependent child allowance rate, rounded |
| 3 | | (if not already a multiple of one dollar) to the next higher |
| 4 | | dollar. |
| 5 | | With respect to any benefit year beginning on or after |
| 6 | | January 1, 2027 2025 and before January 1, 2028 2026, an |
| 7 | | individual to whom benefits are payable with respect to any |
| 8 | | week shall, in addition to those benefits, be paid, with |
| 9 | | respect to such week, as follows: in the case of an individual |
| 10 | | with a nonworking spouse, the greater of (i) 9% of the |
| 11 | | individual's his or her prior average weekly wage, rounded (if |
| 12 | | not already a multiple of one dollar) to the next higher |
| 13 | | dollar, or (ii) $15, provided that the total amount payable to |
| 14 | | the individual with respect to a week shall not exceed 49.6% of |
| 15 | | the statewide average weekly wage, rounded (if not already a |
| 16 | | multiple of one dollar) to the next higher dollar; and in the |
| 17 | | case of an individual with a dependent child or dependent |
| 18 | | children, the greater of (i) the product of the dependent |
| 19 | | child allowance rate multiplied by the individual's his or her |
| 20 | | prior average weekly wage, rounded (if not already a multiple |
| 21 | | of one dollar) to the next higher dollar, or (ii) the lesser of |
| 22 | | $50 or 50% of the individual's his or her weekly benefit |
| 23 | | amount, rounded (if not already a multiple of one dollar) to |
| 24 | | the next higher dollar, provided that the total amount payable |
| 25 | | to the individual with respect to a week shall not exceed the |
| 26 | | product of the statewide average weekly wage multiplied by the |
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| 1 | | sum of 40.6% plus the dependent child allowance rate, rounded |
| 2 | | (if not already a multiple of one dollar) to the next higher |
| 3 | | dollar. |
| 4 | | With respect to each benefit year beginning after calendar |
| 5 | | year 2012, the dependent child allowance rate shall be the sum |
| 6 | | of the allowance adjustment applicable pursuant to Section |
| 7 | | 1400.1 to the calendar year in which the benefit year begins, |
| 8 | | plus the dependent child allowance rate with respect to each |
| 9 | | benefit year beginning in the immediately preceding calendar |
| 10 | | year, except as otherwise provided in this subsection. The |
| 11 | | dependent child allowance rate with respect to each benefit |
| 12 | | year beginning in calendar year 2010 shall be 17.9%. The |
| 13 | | dependent child allowance rate with respect to each benefit |
| 14 | | year beginning in calendar year 2011 shall be 17.4%. The |
| 15 | | dependent child allowance rate with respect to each benefit |
| 16 | | year beginning in calendar year 2012 shall be 17.0% and, with |
| 17 | | respect to each benefit year beginning after calendar year |
| 18 | | 2012, shall not be less than 17.0% or greater than 17.9%. |
| 19 | | For the purposes of this subsection: |
| 20 | | "Dependent" means a child or a nonworking spouse. |
| 21 | | "Child" means a natural child, stepchild, or adopted child |
| 22 | | of an individual claiming benefits under this Act or a child |
| 23 | | who is in the custody of any such individual by court order, |
| 24 | | for whom the individual is supplying and, for at least 90 |
| 25 | | consecutive days (or for the duration of the parental |
| 26 | | relationship if it has existed for less than 90 days) |
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| 1 | | immediately preceding any week with respect to which the |
| 2 | | individual has filed a claim, has supplied more than one-half |
| 3 | | the cost of support, or has supplied at least 1/4 of the cost |
| 4 | | of support if the individual and the other parent, together, |
| 5 | | are supplying and, during the aforesaid period, have supplied |
| 6 | | more than one-half the cost of support, and are, and were |
| 7 | | during the aforesaid period, members of the same household; |
| 8 | | and who, on the first day of such week (a) is under 18 years of |
| 9 | | age, or (b) is, and has been during the immediately preceding |
| 10 | | 90 days, unable to work because of illness or other |
| 11 | | disability: provided, that no person who has been determined |
| 12 | | to be a child of an individual who has been allowed benefits |
| 13 | | with respect to a week in the individual's benefit year shall |
| 14 | | be deemed to be a child of the other parent, and no other |
| 15 | | person shall be determined to be a child of such other parent, |
| 16 | | during the remainder of that benefit year. |
| 17 | | "Nonworking spouse" means the lawful husband or wife of an |
| 18 | | individual claiming benefits under this Act, for whom more |
| 19 | | than one-half the cost of support has been supplied by the |
| 20 | | individual for at least 90 consecutive days (or for the |
| 21 | | duration of the marital relationship if it has existed for |
| 22 | | less than 90 days) immediately preceding any week with respect |
| 23 | | to which the individual has filed a claim, but only if the |
| 24 | | nonworking spouse is currently ineligible to receive benefits |
| 25 | | under this Act by reason of the provisions of Section 500E. |
| 26 | | An individual who was obligated by law to provide for the |
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| 1 | | support of a child or of a nonworking spouse for the aforesaid |
| 2 | | period of 90 consecutive days, but was prevented by illness or |
| 3 | | injury from doing so, shall be deemed to have provided more |
| 4 | | than one-half the cost of supporting the child or nonworking |
| 5 | | spouse for that period. |
| 6 | | (II) (Blank). This Part (II) becomes operative if and only |
| 7 | | if funds from the State treasury are not appropriated on or |
| 8 | | before January 31, 2023 that are dedicated to pay all |
| 9 | | outstanding advances made to the State's account in the |
| 10 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 11 | | Social Security Act. If this Part (II) becomes operative, it |
| 12 | | is operative retroactive to January 1, 2023. |
| 13 | | A. With respect to any week beginning in a benefit year |
| 14 | | beginning prior to January 4, 2004, an individual's weekly |
| 15 | | benefit amount shall be an amount equal to the weekly benefit |
| 16 | | amount as defined in the provisions of this Act as amended and |
| 17 | | in effect on November 18, 2011. |
| 18 | | B. 1. With respect to any benefit year beginning on or |
| 19 | | after January 4, 2004 and before January 6, 2008, an |
| 20 | | individual's weekly benefit amount shall be 48% of his or her |
| 21 | | prior average weekly wage, rounded (if not already a multiple |
| 22 | | of one dollar) to the next higher dollar; provided, however, |
| 23 | | that the weekly benefit amount cannot exceed the maximum |
| 24 | | weekly benefit amount and cannot be less than $51. Except as |
| 25 | | otherwise provided in this Section, with respect to any |
| 26 | | benefit year beginning on or after January 6, 2008, an |
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| 1 | | individual's weekly benefit amount shall be 47% of his or her |
| 2 | | prior average weekly wage, rounded (if not already a multiple |
| 3 | | of one dollar) to the next higher dollar; provided, however, |
| 4 | | that the weekly benefit amount cannot exceed the maximum |
| 5 | | weekly benefit amount and cannot be less than $51. With |
| 6 | | respect to any benefit year beginning on or after January 1, |
| 7 | | 2024 and before January 1, 2025, an individual's weekly |
| 8 | | benefit amount shall be 40.6% of his or her prior average |
| 9 | | weekly wage, rounded (if not already a multiple of one dollar) |
| 10 | | to the next higher dollar; provided, however, that the weekly |
| 11 | | benefit amount cannot exceed the maximum weekly benefit amount |
| 12 | | and cannot be less than $51. |
| 13 | | 2. For the purposes of this subsection: |
| 14 | | An individual's "prior average weekly wage" means the |
| 15 | | total wages for insured work paid to that individual during |
| 16 | | the 2 calendar quarters of his base period in which such total |
| 17 | | wages were highest, divided by 26. If the quotient is not |
| 18 | | already a multiple of one dollar, it shall be rounded to the |
| 19 | | nearest dollar; however if the quotient is equally near 2 |
| 20 | | multiples of one dollar, it shall be rounded to the higher |
| 21 | | multiple of one dollar. |
| 22 | | "Determination date" means June 1 and December 1 of each |
| 23 | | calendar year except that, for the purposes of this Act only, |
| 24 | | there shall be no June 1 determination date in any year. |
| 25 | | "Determination period" means, with respect to each June 1 |
| 26 | | determination date, the 12 consecutive calendar months ending |
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| 1 | | on the immediately preceding December 31 and, with respect to |
| 2 | | each December 1 determination date, the 12 consecutive |
| 3 | | calendar months ending on the immediately preceding June 30. |
| 4 | | "Benefit period" means the 12 consecutive calendar month |
| 5 | | period beginning on the first day of the first calendar month |
| 6 | | immediately following a determination date, except that, with |
| 7 | | respect to any calendar year in which there is a June 1 |
| 8 | | determination date, "benefit period" shall mean the 6 |
| 9 | | consecutive calendar month period beginning on the first day |
| 10 | | of the first calendar month immediately following the |
| 11 | | preceding December 1 determination date and the 6 consecutive |
| 12 | | calendar month period beginning on the first day of the first |
| 13 | | calendar month immediately following the June 1 determination |
| 14 | | date. |
| 15 | | "Gross wages" means all the wages paid to individuals |
| 16 | | during the determination period immediately preceding a |
| 17 | | determination date for insured work, and reported to the |
| 18 | | Director by employers prior to the first day of the third |
| 19 | | calendar month preceding that date. |
| 20 | | "Covered employment" for any calendar month means the |
| 21 | | total number of individuals, as determined by the Director, |
| 22 | | engaged in insured work at mid-month. |
| 23 | | "Average monthly covered employment" means one-twelfth of |
| 24 | | the sum of the covered employment for the 12 months of a |
| 25 | | determination period. |
| 26 | | "Statewide average annual wage" means the quotient, |
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| 1 | | obtained by dividing gross wages by average monthly covered |
| 2 | | employment for the same determination period, rounded (if not |
| 3 | | already a multiple of one cent) to the nearest cent. |
| 4 | | "Statewide average weekly wage" means the quotient, |
| 5 | | obtained by dividing the statewide average annual wage by 52, |
| 6 | | rounded (if not already a multiple of one cent) to the nearest |
| 7 | | cent. Notwithstanding any provision of this Section to the |
| 8 | | contrary, the statewide average weekly wage for any benefit |
| 9 | | period prior to calendar year 2012 shall be as determined by |
| 10 | | the provisions of this Act as amended and in effect on November |
| 11 | | 18, 2011. Notwithstanding any provisions of this Section to |
| 12 | | the contrary, the statewide average weekly wage for the |
| 13 | | benefit period of calendar year 2012 shall be $856.55 and for |
| 14 | | each calendar year thereafter, the statewide average weekly |
| 15 | | wage shall be the statewide average weekly wage, as determined |
| 16 | | in accordance with this sentence, for the immediately |
| 17 | | preceding benefit period plus (or minus) an amount equal to |
| 18 | | the percentage change in the statewide average weekly wage, as |
| 19 | | computed in accordance with the first sentence of this |
| 20 | | paragraph, between the 2 immediately preceding benefit |
| 21 | | periods, multiplied by the statewide average weekly wage, as |
| 22 | | determined in accordance with this sentence, for the |
| 23 | | immediately preceding benefit period. However, for purposes of |
| 24 | | the Workers' Compensation Act, the statewide average weekly |
| 25 | | wage will be computed using June 1 and December 1 |
| 26 | | determination dates of each calendar year and such |
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| 1 | | determination shall not be subject to the limitation of the |
| 2 | | statewide average weekly wage as computed in accordance with |
| 3 | | the preceding sentence of this paragraph. |
| 4 | | With respect to any week beginning in a benefit year |
| 5 | | beginning prior to January 4, 2004, "maximum weekly benefit |
| 6 | | amount" with respect to each week beginning within a benefit |
| 7 | | period shall be as defined in the provisions of this Act as |
| 8 | | amended and in effect on November 18, 2011. |
| 9 | | With respect to any benefit year beginning on or after |
| 10 | | January 4, 2004 and before January 6, 2008, "maximum weekly |
| 11 | | benefit amount" with respect to each week beginning within a |
| 12 | | benefit period means 48% of the statewide average weekly wage, |
| 13 | | rounded (if not already a multiple of one dollar) to the next |
| 14 | | higher dollar. |
| 15 | | Except as otherwise provided in this Section, with respect |
| 16 | | to any benefit year beginning on or after January 6, 2008, |
| 17 | | "maximum weekly benefit amount" with respect to each week |
| 18 | | beginning within a benefit period means 47% of the statewide |
| 19 | | average weekly wage, rounded (if not already a multiple of one |
| 20 | | dollar) to the next higher dollar. |
| 21 | | With respect to any benefit year beginning on or after |
| 22 | | January 1, 2024 and before January 1, 2025, "maximum weekly |
| 23 | | benefit amount" with respect to each week beginning within a |
| 24 | | benefit period means 40.6% of the statewide average weekly |
| 25 | | wage, rounded (if not already a multiple of one dollar) to the |
| 26 | | next higher dollar. |
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| 1 | | C. With respect to any week beginning in a benefit year |
| 2 | | beginning prior to January 4, 2004, an individual's |
| 3 | | eligibility for a dependent allowance with respect to a |
| 4 | | nonworking spouse or one or more dependent children shall be |
| 5 | | as defined by the provisions of this Act as amended and in |
| 6 | | effect on November 18, 2011. |
| 7 | | With respect to any benefit year beginning on or after |
| 8 | | January 4, 2004 and before January 6, 2008, an individual to |
| 9 | | whom benefits are payable with respect to any week shall, in |
| 10 | | addition to those benefits, be paid, with respect to such |
| 11 | | week, as follows: in the case of an individual with a |
| 12 | | nonworking spouse, 9% of his or her prior average weekly wage, |
| 13 | | rounded (if not already a multiple of one dollar) to the next |
| 14 | | higher dollar, provided, that the total amount payable to the |
| 15 | | individual with respect to a week shall not exceed 57% of the |
| 16 | | statewide average weekly wage, rounded (if not already a |
| 17 | | multiple of one dollar) to the next higher dollar; and in the |
| 18 | | case of an individual with a dependent child or dependent |
| 19 | | children, 17.2% of his or her prior average weekly wage, |
| 20 | | rounded (if not already a multiple of one dollar) to the next |
| 21 | | higher dollar, provided that the total amount payable to the |
| 22 | | individual with respect to a week shall not exceed 65.2% of the |
| 23 | | statewide average weekly wage, rounded (if not already a |
| 24 | | multiple of one dollar) to the next higher dollar. |
| 25 | | With respect to any benefit year beginning on or after |
| 26 | | January 6, 2008 and before January 1, 2010, an individual to |
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| 1 | | whom benefits are payable with respect to any week shall, in |
| 2 | | addition to those benefits, be paid, with respect to such |
| 3 | | week, as follows: in the case of an individual with a |
| 4 | | nonworking spouse, 9% of his or her prior average weekly wage, |
| 5 | | rounded (if not already a multiple of one dollar) to the next |
| 6 | | higher dollar, provided, that the total amount payable to the |
| 7 | | individual with respect to a week shall not exceed 56% of the |
| 8 | | statewide average weekly wage, rounded (if not already a |
| 9 | | multiple of one dollar) to the next higher dollar; and in the |
| 10 | | case of an individual with a dependent child or dependent |
| 11 | | children, 18.2% of his or her prior average weekly wage, |
| 12 | | rounded (if not already a multiple of one dollar) to the next |
| 13 | | higher dollar, provided that the total amount payable to the |
| 14 | | individual with respect to a week shall not exceed 65.2% of the |
| 15 | | statewide average weekly wage, rounded (if not already a |
| 16 | | multiple of one dollar) to the next higher dollar. |
| 17 | | The additional amount paid pursuant to this subsection in |
| 18 | | the case of an individual with a dependent child or dependent |
| 19 | | children shall be referred to as the "dependent child |
| 20 | | allowance", and the percentage rate by which an individual's |
| 21 | | prior average weekly wage is multiplied pursuant to this |
| 22 | | subsection to calculate the dependent child allowance shall be |
| 23 | | referred to as the "dependent child allowance rate". |
| 24 | | Except as otherwise provided in this Section, with respect |
| 25 | | to any benefit year beginning on or after January 1, 2010, an |
| 26 | | individual to whom benefits are payable with respect to any |
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| 1 | | week shall, in addition to those benefits, be paid, with |
| 2 | | respect to such week, as follows: in the case of an individual |
| 3 | | with a nonworking spouse, the greater of (i) 9% of his or her |
| 4 | | prior average weekly wage, rounded (if not already a multiple |
| 5 | | of one dollar) to the next higher dollar, or (ii) $15, provided |
| 6 | | that the total amount payable to the individual with respect |
| 7 | | to a week shall not exceed 56% of the statewide average weekly |
| 8 | | wage, rounded (if not already a multiple of one dollar) to the |
| 9 | | next higher dollar; and in the case of an individual with a |
| 10 | | dependent child or dependent children, the greater of (i) the |
| 11 | | product of the dependent child allowance rate multiplied by |
| 12 | | his or her prior average weekly wage, rounded (if not already a |
| 13 | | multiple of one dollar) to the next higher dollar, or (ii) the |
| 14 | | lesser of $50 or 50% of his or her weekly benefit amount, |
| 15 | | rounded (if not already a multiple of one dollar) to the next |
| 16 | | higher dollar, provided that the total amount payable to the |
| 17 | | individual with respect to a week shall not exceed the product |
| 18 | | of the statewide average weekly wage multiplied by the sum of |
| 19 | | 47% plus the dependent child allowance rate, rounded (if not |
| 20 | | already a multiple of one dollar) to the next higher dollar. |
| 21 | | With respect to any benefit year beginning on or after |
| 22 | | January 1, 2024 and before January 1, 2025, an individual to |
| 23 | | whom benefits are payable with respect to any week shall, in |
| 24 | | addition to those benefits, be paid, with respect to such |
| 25 | | week, as follows: in the case of an individual with a |
| 26 | | nonworking spouse, the greater of (i) 9% of his or her prior |
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| 1 | | average weekly wage, rounded (if not already a multiple of one |
| 2 | | dollar) to the next higher dollar, or (ii) $15, provided that |
| 3 | | the total amount payable to the individual with respect to a |
| 4 | | week shall not exceed 49.6% of the statewide average weekly |
| 5 | | wage, rounded (if not already a multiple of one dollar) to the |
| 6 | | next higher dollar; and in the case of an individual with a |
| 7 | | dependent child or dependent children, the greater of (i) the |
| 8 | | product of the dependent child allowance rate multiplied by |
| 9 | | his or her prior average weekly wage, rounded (if not already a |
| 10 | | multiple of one dollar) to the next higher dollar, or (ii) the |
| 11 | | lesser of $50 or 50% of his or her weekly benefit amount, |
| 12 | | rounded (if not already a multiple of one dollar) to the next |
| 13 | | higher dollar, provided that the total amount payable to the |
| 14 | | individual with respect to a week shall not exceed the product |
| 15 | | of the statewide average weekly wage multiplied by the sum of |
| 16 | | 40.6% plus the dependent child allowance rate, rounded (if not |
| 17 | | already a multiple of one dollar) to the next higher dollar. |
| 18 | | With respect to each benefit year beginning after calendar |
| 19 | | year 2012, the dependent child allowance rate shall be the sum |
| 20 | | of the allowance adjustment applicable pursuant to Section |
| 21 | | 1400.1 to the calendar year in which the benefit year begins, |
| 22 | | plus the dependent child allowance rate with respect to each |
| 23 | | benefit year beginning in the immediately preceding calendar |
| 24 | | year, except as otherwise provided in this subsection. The |
| 25 | | dependent child allowance rate with respect to each benefit |
| 26 | | year beginning in calendar year 2010 shall be 17.9%. The |
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| 1 | | dependent child allowance rate with respect to each benefit |
| 2 | | year beginning in calendar year 2011 shall be 17.4%. The |
| 3 | | dependent child allowance rate with respect to each benefit |
| 4 | | year beginning in calendar year 2012 shall be 17.0% and, with |
| 5 | | respect to each benefit year beginning after calendar year |
| 6 | | 2012, shall not be less than 17.0% or greater than 17.9%. |
| 7 | | For the purposes of this subsection: |
| 8 | | "Dependent" means a child or a nonworking spouse. |
| 9 | | "Child" means a natural child, stepchild, or adopted child |
| 10 | | of an individual claiming benefits under this Act or a child |
| 11 | | who is in the custody of any such individual by court order, |
| 12 | | for whom the individual is supplying and, for at least 90 |
| 13 | | consecutive days (or for the duration of the parental |
| 14 | | relationship if it has existed for less than 90 days) |
| 15 | | immediately preceding any week with respect to which the |
| 16 | | individual has filed a claim, has supplied more than one-half |
| 17 | | the cost of support, or has supplied at least 1/4 of the cost |
| 18 | | of support if the individual and the other parent, together, |
| 19 | | are supplying and, during the aforesaid period, have supplied |
| 20 | | more than one-half the cost of support, and are, and were |
| 21 | | during the aforesaid period, members of the same household; |
| 22 | | and who, on the first day of such week (a) is under 18 years of |
| 23 | | age, or (b) is, and has been during the immediately preceding |
| 24 | | 90 days, unable to work because of illness or other |
| 25 | | disability: provided, that no person who has been determined |
| 26 | | to be a child of an individual who has been allowed benefits |
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| 1 | | with respect to a week in the individual's benefit year shall |
| 2 | | be deemed to be a child of the other parent, and no other |
| 3 | | person shall be determined to be a child of such other parent, |
| 4 | | during the remainder of that benefit year. |
| 5 | | "Nonworking spouse" means the lawful husband or wife of an |
| 6 | | individual claiming benefits under this Act, for whom more |
| 7 | | than one-half the cost of support has been supplied by the |
| 8 | | individual for at least 90 consecutive days (or for the |
| 9 | | duration of the marital relationship if it has existed for |
| 10 | | less than 90 days) immediately preceding any week with respect |
| 11 | | to which the individual has filed a claim, but only if the |
| 12 | | nonworking spouse is currently ineligible to receive benefits |
| 13 | | under this Act by reason of the provisions of Section 500E. |
| 14 | | An individual who was obligated by law to provide for the |
| 15 | | support of a child or of a nonworking spouse for the aforesaid |
| 16 | | period of 90 consecutive days, but was prevented by illness or |
| 17 | | injury from doing so, shall be deemed to have provided more |
| 18 | | than one-half the cost of supporting the child or nonworking |
| 19 | | spouse for that period. |
| 20 | | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; |
| 21 | | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. |
| 22 | | 1-1-23.)
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| 23 | | (820 ILCS 405/403) (from Ch. 48, par. 403) |
| 24 | | Sec. 403. Maximum total amount of benefits. |
| 25 | | (I) If and only if funds from the State treasury are not |
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| 1 | | appropriated on or before January 31, 2023 that are dedicated |
| 2 | | to pay all outstanding advances made to the State's account in |
| 3 | | the Unemployment Trust Fund pursuant to Title XII of the |
| 4 | | federal Social Security Act, then this Part (I) is inoperative |
| 5 | | retroactive to January 1, 2023. |
| 6 | | A. With respect to any benefit year beginning prior to |
| 7 | | September 30, 1979, any otherwise eligible individual shall be |
| 8 | | entitled, during such benefit year, to a maximum total amount |
| 9 | | of benefits as shall be determined in the manner set forth in |
| 10 | | this Act as amended and in effect on November 9, 1977. |
| 11 | | B. With respect to any benefit year beginning on or after |
| 12 | | September 30, 1979, except as otherwise provided in this |
| 13 | | Section, any otherwise eligible individual shall be entitled, |
| 14 | | during such benefit year, to a maximum total amount of |
| 15 | | benefits equal to 26 times the individual's his or her weekly |
| 16 | | benefit amount plus dependents' allowances, or to the total |
| 17 | | wages for insured work paid to such individual during the |
| 18 | | individual's base period, whichever amount is smaller. With |
| 19 | | respect to any benefit year beginning in calendar year 2012, |
| 20 | | any otherwise eligible individual shall be entitled, during |
| 21 | | such benefit year, to a maximum total amount of benefits equal |
| 22 | | to 25 times the individual's his or her weekly benefit amount |
| 23 | | plus dependents' allowances, or to the total wages for insured |
| 24 | | work paid to such individual during the individual's base |
| 25 | | period, whichever amount is smaller. With respect to any |
| 26 | | benefit year beginning on or after January 1, 2027 2025 and |
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| 1 | | before January 1, 2028 2026, any otherwise eligible individual |
| 2 | | shall be entitled, during such benefit year, to a maximum |
| 3 | | total amount of benefits equal to 23 times the individual's |
| 4 | | his or her weekly benefit amount plus dependents' allowances, |
| 5 | | or to the total wages for insured work paid to such individual |
| 6 | | during the individual's base period, whichever amount is |
| 7 | | smaller. |
| 8 | | (II) (Blank). This Part (II) becomes operative if and only |
| 9 | | if funds from the State treasury are not appropriated on or |
| 10 | | before January 31, 2023 that are dedicated to pay all |
| 11 | | outstanding advances made to the State's account in the |
| 12 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 13 | | Social Security Act. If this Part (II) becomes operative, it |
| 14 | | is operative retroactive to January 1, 2023. |
| 15 | | A. With respect to any benefit year beginning prior to |
| 16 | | September 30, 1979, any otherwise eligible individual shall be |
| 17 | | entitled, during such benefit year, to a maximum total amount |
| 18 | | of benefits as shall be determined in the manner set forth in |
| 19 | | this Act as amended and in effect on November 9, 1977. |
| 20 | | B. With respect to any benefit year beginning on or after |
| 21 | | September 30, 1979, except as otherwise provided in this |
| 22 | | Section, any otherwise eligible individual shall be entitled, |
| 23 | | during such benefit year, to a maximum total amount of |
| 24 | | benefits equal to 26 times his or her weekly benefit amount |
| 25 | | plus dependents' allowances, or to the total wages for insured |
| 26 | | work paid to such individual during the individual's base |
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| 1 | | period, whichever amount is smaller. With respect to any |
| 2 | | benefit year beginning in calendar year 2012, any otherwise |
| 3 | | eligible individual shall be entitled, during such benefit |
| 4 | | year, to a maximum total amount of benefits equal to 25 times |
| 5 | | his or her weekly benefit amount plus dependents' allowances, |
| 6 | | or to the total wages for insured work paid to such individual |
| 7 | | during the individual's base period, whichever amount is |
| 8 | | smaller. With respect to any benefit year beginning on or |
| 9 | | after January 1, 2024 and before January 1, 2025, any |
| 10 | | otherwise eligible individual shall be entitled, during such |
| 11 | | benefit year, to a maximum total amount of benefits equal to 23 |
| 12 | | times his or her weekly benefit amount plus dependents' |
| 13 | | allowances, or to the total wages for insured work paid to such |
| 14 | | individual during the individual's base period, whichever |
| 15 | | amount is smaller. |
| 16 | | (Source: P.A. 101-423, eff. 1-1-20; 102-671, eff. 11-30-21; |
| 17 | | 102-700, eff. 4-19-22; 102-1105, eff. 1-1-23.)
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| 18 | | (820 ILCS 405/1400.1) |
| 19 | | Sec. 1400.1. Solvency Adjustments. |
| 20 | | (I) If and only if funds from the State treasury are not |
| 21 | | appropriated on or before January 31, 2023 that are dedicated |
| 22 | | to pay all outstanding advances made to the State's account in |
| 23 | | the Unemployment Trust Fund pursuant to Title XII of the |
| 24 | | federal Social Security Act, then this Part (I) is inoperative |
| 25 | | retroactive to January 1, 2023. |
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| 1 | | As used in this Section, "prior year's trust fund balance" |
| 2 | | means the net amount standing to the credit of this State's |
| 3 | | account in the unemployment trust fund (less all outstanding |
| 4 | | advances to that account, including but not limited to |
| 5 | | advances pursuant to Title XII of the federal Social Security |
| 6 | | Act) as of June 30 of the immediately preceding calendar year. |
| 7 | | The wage base adjustment, rate adjustment, and allowance |
| 8 | | adjustment applicable to any calendar year prior to 2023 shall |
| 9 | | be as determined pursuant to this Section as in effect prior to |
| 10 | | the effective date of this amendatory Act of the 102nd General |
| 11 | | Assembly. |
| 12 | | The rate adjustment and allowance adjustment applicable to |
| 13 | | calendar year 2023 and each calendar year thereafter shall be |
| 14 | | as follows: |
| 15 | | If the prior year's trust fund balance is less than |
| 16 | | $525,000,000, the rate adjustment shall be 0.05%, and the |
| 17 | | allowance adjustment shall be -0.3% absolute. |
| 18 | | If the prior year's trust fund balance is equal to or |
| 19 | | greater than $525,000,000 but less than $1,225,000,000, |
| 20 | | the rate adjustment shall be 0.025%, and the allowance |
| 21 | | adjustment shall be -0.2% absolute. |
| 22 | | If the prior year's trust fund balance is equal to or |
| 23 | | greater than $1,225,000,000 but less than $1,750,000,000, |
| 24 | | the rate adjustment shall be 0, and the allowance |
| 25 | | adjustment shall be -0.1% absolute. |
| 26 | | If the prior year's trust fund balance is equal to or |
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| 1 | | greater than $1,750,000,000 but less than $2,275,000,000, |
| 2 | | the rate adjustment shall be 0, and the allowance |
| 3 | | adjustment shall be 0.1% absolute. |
| 4 | | If the prior year's trust fund balance is equal to or |
| 5 | | greater than $2,275,000,000 but less than $2,975,000,000, |
| 6 | | the rate adjustment shall be -0.025%, and the allowance |
| 7 | | adjustment shall be 0.2% absolute. |
| 8 | | If the prior year's trust fund balance is equal to or |
| 9 | | greater than $2,975,000,000, the rate adjustment shall be - |
| 10 | | 0.05%, and the allowance adjustment shall be 0.3% |
| 11 | | absolute. |
| 12 | | (II) (Blank). This Part (II) becomes operative if and only |
| 13 | | if funds from the State treasury are not appropriated on or |
| 14 | | before January 31, 2023 that are dedicated to pay all |
| 15 | | outstanding advances made to the State's account in the |
| 16 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 17 | | Social Security Act. If this Part (II) becomes operative, it |
| 18 | | is operative retroactive to January 1, 2023. |
| 19 | | As used in this Section, "prior year's trust fund |
| 20 | | balance" means the net amount standing to the credit of this |
| 21 | | State's account in the unemployment trust fund (less all |
| 22 | | outstanding advances to that account, including but not |
| 23 | | limited to advances pursuant to Title XII of the federal |
| 24 | | Social Security Act) as of June 30 of the immediately |
| 25 | | preceding calendar year. |
| 26 | | The wage base adjustment, rate adjustment, and allowance |
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| 1 | | adjustment applicable to any calendar year after calendar year |
| 2 | | 2009 shall be as follows: |
| 3 | | If the prior year's trust fund balance is less than |
| 4 | | $300,000,000, the wage base adjustment shall be $220, the |
| 5 | | rate adjustment shall be 0.05%, and the allowance |
| 6 | | adjustment shall be -0.3% absolute. |
| 7 | | If the prior year's trust fund balance is equal to or |
| 8 | | greater than $300,000,000 but less than $700,000,000, the |
| 9 | | wage base adjustment shall be $150, the rate adjustment |
| 10 | | shall be 0.025%, and the allowance adjustment shall be - |
| 11 | | 0.2% absolute. |
| 12 | | If the prior year's trust fund balance is equal to or |
| 13 | | greater than $700,000,000 but less than $1,000,000,000, |
| 14 | | the wage base adjustment shall be $75, the rate adjustment |
| 15 | | shall be 0, and the allowance adjustment shall be -0.1% |
| 16 | | absolute. |
| 17 | | If the prior year's trust fund balance is equal to or |
| 18 | | greater than $1,000,000,000 but less than $1,300,000,000, |
| 19 | | the wage base adjustment shall be -$75, the rate |
| 20 | | adjustment shall be 0, and the allowance adjustment shall |
| 21 | | be 0.1% absolute. |
| 22 | | If the prior year's trust fund balance is equal to or |
| 23 | | greater than $1,300,000,000 but less than $1,700,000,000, |
| 24 | | the wage base adjustment shall be -$150, the rate |
| 25 | | adjustment shall be -0.025%, and the allowance adjustment |
| 26 | | shall be 0.2% absolute. |
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| 1 | | If the prior year's trust fund balance is equal to or |
| 2 | | greater than $1,700,000,000, the wage base adjustment |
| 3 | | shall be -$220, the rate adjustment shall be -0.05%, and |
| 4 | | the allowance adjustment shall be 0.3% absolute. |
| 5 | | (Source: P.A. 102-1105, eff. 1-1-23.)
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| 6 | | (820 ILCS 405/1505) (from Ch. 48, par. 575) |
| 7 | | Sec. 1505. Adjustment of state experience factor. |
| 8 | | (I) If and only if funds from the State treasury are not |
| 9 | | appropriated on or before January 31, 2023 that are dedicated |
| 10 | | to pay all outstanding advances made to the State's account in |
| 11 | | the Unemployment Trust Fund pursuant to Title XII of the |
| 12 | | federal Social Security Act, then this Part (I) is inoperative |
| 13 | | retroactive to January 1, 2023. |
| 14 | | The state experience factor shall be adjusted in accordance |
| 15 | | with the following provisions: |
| 16 | | A. For calendar years prior to 1988, the state experience |
| 17 | | factor shall be adjusted in accordance with the provisions of |
| 18 | | this Act as amended and in effect on November 18, 2011. |
| 19 | | B. (Blank). |
| 20 | | C. For calendar year 1988 and each calendar year |
| 21 | | thereafter, for which the state experience factor is being |
| 22 | | determined. |
| 23 | | 1. For every $50,000,000 (or fraction thereof) by |
| 24 | | which the adjusted trust fund balance falls below the |
| 25 | | target balance set forth in this subsection, the state |
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| 1 | | experience factor for the succeeding year shall be |
| 2 | | increased one percent absolute. |
| 3 | | For every $50,000,000 (or fraction thereof) by which |
| 4 | | the adjusted trust fund balance exceeds the target balance |
| 5 | | set forth in this subsection, the state experience factor |
| 6 | | for the succeeding year shall be decreased by one percent |
| 7 | | absolute. |
| 8 | | The target balance in each calendar year prior to 2003 |
| 9 | | is $750,000,000. The target balance in calendar year 2003 |
| 10 | | is $920,000,000. The target balance in calendar year 2004 |
| 11 | | is $960,000,000. The target balance in calendar year 2005 |
| 12 | | and each calendar year through 2022 is $1,000,000,000. The |
| 13 | | target balance in calendar year 2023 and each calendar |
| 14 | | year thereafter is $1,750,000,000. |
| 15 | | 2. For the purposes of this subsection: |
| 16 | | "Net trust fund balance" is the amount standing to the |
| 17 | | credit of this State's account in the unemployment trust |
| 18 | | fund as of June 30 of the calendar year immediately |
| 19 | | preceding the year for which a state experience factor is |
| 20 | | being determined. |
| 21 | | "Adjusted trust fund balance" is the net trust fund |
| 22 | | balance minus the sum of the benefit reserves for fund |
| 23 | | building for July 1, 1987 through June 30 of the year prior |
| 24 | | to the year for which the state experience factor is being |
| 25 | | determined. The adjusted trust fund balance shall not be |
| 26 | | less than zero. If the preceding calculation results in a |
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| 1 | | number which is less than zero, the amount by which it is |
| 2 | | less than zero shall reduce the sum of the benefit |
| 3 | | reserves for fund building for subsequent years. |
| 4 | | For the purpose of determining the state experience |
| 5 | | factor for 1989 and for each calendar year thereafter, the |
| 6 | | following "benefit reserves for fund building" shall apply |
| 7 | | for each state experience factor calculation in which that |
| 8 | | 12 month period is applicable: |
| 9 | | a. For the 12 month period ending on June 30, 1988, |
| 10 | | the "benefit reserve for fund building" shall be |
| 11 | | 8/104th of the total benefits paid from January 1, |
| 12 | | 1988 through June 30, 1988. |
| 13 | | b. For the 12 month period ending on June 30, 1989, |
| 14 | | the "benefit reserve for fund building" shall be the |
| 15 | | sum of: |
| 16 | | i. 8/104ths of the total benefits paid from |
| 17 | | July 1, 1988 through December 31, 1988, plus |
| 18 | | ii. 4/108ths of the total benefits paid from |
| 19 | | January 1, 1989 through June 30, 1989. |
| 20 | | c. For the 12 month period ending on June 30, 1990, |
| 21 | | the "benefit reserve for fund building" shall be |
| 22 | | 4/108ths of the total benefits paid from July 1, 1989 |
| 23 | | through December 31, 1989. |
| 24 | | d. For 1992 and for each calendar year thereafter, |
| 25 | | the "benefit reserve for fund building" for the 12 |
| 26 | | month period ending on June 30, 1991 and for each |
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| 1 | | subsequent 12 month period shall be zero. |
| 2 | | 3. Notwithstanding the preceding provisions of this |
| 3 | | subsection, for calendar years 1988 through 2003, the |
| 4 | | state experience factor shall not be increased or |
| 5 | | decreased by more than 15 percent absolute. |
| 6 | | D. Notwithstanding the provisions of subsection C, the |
| 7 | | adjusted state experience factor: |
| 8 | | 1. Shall be 111 percent for calendar year 1988; |
| 9 | | 2. Shall not be less than 75 percent nor greater than |
| 10 | | 135 percent for calendar years 1989 through 2003; and |
| 11 | | shall not be less than 75% nor greater than 150% for |
| 12 | | calendar year 2004 and each calendar year thereafter, not |
| 13 | | counting any increase pursuant to subsection D-1, D-2, or |
| 14 | | D-3; |
| 15 | | 3. Shall not be decreased by more than 5 percent |
| 16 | | absolute for any calendar year, beginning in calendar year |
| 17 | | 1989 and through calendar year 1992, by more than 6% |
| 18 | | absolute for calendar years 1993 through 1995, by more |
| 19 | | than 10% absolute for calendar years 1999 through 2003 and |
| 20 | | by more than 12% absolute for calendar year 2004 and each |
| 21 | | calendar year thereafter, from the adjusted state |
| 22 | | experience factor of the calendar year preceding the |
| 23 | | calendar year for which the adjusted state experience |
| 24 | | factor is being determined; |
| 25 | | 4. Shall not be increased by more than 15% absolute |
| 26 | | for calendar year 1993, by more than 14% absolute for |
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| 1 | | calendar years 1994 and 1995, by more than 10% absolute |
| 2 | | for calendar years 1999 through 2003 and by more than 16% |
| 3 | | absolute for calendar year 2004 and each calendar year |
| 4 | | thereafter, from the adjusted state experience factor for |
| 5 | | the calendar year preceding the calendar year for which |
| 6 | | the adjusted state experience factor is being determined; |
| 7 | | 5. Shall be 100% for calendar years 1996, 1997, and |
| 8 | | 1998. |
| 9 | | D-1. The adjusted state experience factor for each of |
| 10 | | calendar years 2013 through 2015 shall be increased by 5% |
| 11 | | absolute above the adjusted state experience factor as |
| 12 | | calculated without regard to this subsection. The adjusted |
| 13 | | state experience factor for each of calendar years 2016 |
| 14 | | through 2018 shall be increased by 6% absolute above the |
| 15 | | adjusted state experience factor as calculated without regard |
| 16 | | to this subsection. The increase in the adjusted state |
| 17 | | experience factor for calendar year 2018 pursuant to this |
| 18 | | subsection shall not be counted for purposes of applying |
| 19 | | paragraph 3 or 4 of subsection D to the calculation of the |
| 20 | | adjusted state experience factor for calendar year 2019. |
| 21 | | D-2. (Blank). |
| 22 | | D-3. The adjusted state experience factor for calendar |
| 23 | | year 2027 2025 shall be increased by 20% absolute above the |
| 24 | | adjusted state experience factor as calculated without regard |
| 25 | | to this subsection. The increase in the adjusted state |
| 26 | | experience factor for calendar year 2027 2025 pursuant to this |
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| 1 | | subsection shall not be counted for purposes of applying |
| 2 | | paragraph 3 or 4 of subsection D to the calculation of the |
| 3 | | adjusted state experience factor for calendar year 2028 2026. |
| 4 | | D-4. The If and only if an appropriation as set forth in |
| 5 | | subsection B of Part (I) of Section 2101.1 is made, the |
| 6 | | adjusted state experience factor for calendar years beginning |
| 7 | | in 2024 shall be increased by 3% absolute above the adjusted |
| 8 | | state experience factor as calculated without regard to this |
| 9 | | subsection or subsection D-3. The increase in the state |
| 10 | | experience factor provided for in this subsection shall not be |
| 11 | | counted for purposes of applying paragraph 3 or 4 of |
| 12 | | subsection D to the calculation of the adjusted state |
| 13 | | experience factor for the following calendar year. This |
| 14 | | subsection shall cease to be operative beginning January 1 of |
| 15 | | the calendar year following the calendar year in which the |
| 16 | | total amount of the transfers of funds provided for in |
| 17 | | subsection B of Part (I) of Section 2101.1 equals the total |
| 18 | | amount of the appropriation. |
| 19 | | E. The amount standing to the credit of this State's |
| 20 | | account in the unemployment trust fund as of June 30 shall be |
| 21 | | deemed to include as part thereof (a) any amount receivable on |
| 22 | | that date from any Federal governmental agency, or as a |
| 23 | | payment in lieu of contributions under the provisions of |
| 24 | | Sections 1403 and 1405 B and paragraph 2 of Section 302C, in |
| 25 | | reimbursement of benefits paid to individuals, and (b) amounts |
| 26 | | credited by the Secretary of the Treasury of the United States |
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| 1 | | to this State's account in the unemployment trust fund |
| 2 | | pursuant to Section 903 of the Federal Social Security Act, as |
| 3 | | amended, including any such amounts which have been |
| 4 | | appropriated by the General Assembly in accordance with the |
| 5 | | provisions of Section 2100 B for expenses of administration, |
| 6 | | except any amounts which have been obligated on or before that |
| 7 | | date pursuant to such appropriation. |
| 8 | | (II) (Blank). This Part (II) becomes operative if and only |
| 9 | | if funds from the State treasury are not appropriated on or |
| 10 | | before January 31, 2023 that are dedicated to pay all |
| 11 | | outstanding advances made to the State's account in the |
| 12 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 13 | | Social Security Act. If this Part (II) becomes operative, it |
| 14 | | is operative retroactive to January 1, 2023. |
| 15 | | The state experience factor shall be adjusted in accordance |
| 16 | | with the following provisions: |
| 17 | | A. For calendar years prior to 1988, the state experience |
| 18 | | factor shall be adjusted in accordance with the provisions of |
| 19 | | this Act as amended and in effect on November 18, 2011. |
| 20 | | B. (Blank). |
| 21 | | C. For calendar year 1988 and each calendar year |
| 22 | | thereafter, for which the state experience factor is being |
| 23 | | determined. |
| 24 | | 1. For every $50,000,000 (or fraction thereof) by |
| 25 | | which the adjusted trust fund balance falls below the |
| 26 | | target balance set forth in this subsection, the state |
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| 1 | | experience factor for the succeeding year shall be |
| 2 | | increased one percent absolute. |
| 3 | | For every $50,000,000 (or fraction thereof) by which |
| 4 | | the adjusted trust fund balance exceeds the target balance |
| 5 | | set forth in this subsection, the state experience factor |
| 6 | | for the succeeding year shall be decreased by one percent |
| 7 | | absolute. |
| 8 | | The target balance in each calendar year prior to 2003 |
| 9 | | is $750,000,000. The target balance in calendar year 2003 |
| 10 | | is $920,000,000. The target balance in calendar year 2004 |
| 11 | | is $960,000,000. The target balance in calendar year 2005 |
| 12 | | and each calendar year thereafter is $1,000,000,000. |
| 13 | | 2. For the purposes of this subsection: |
| 14 | | "Net trust fund balance" is the amount standing to the |
| 15 | | credit of this State's account in the unemployment trust |
| 16 | | fund as of June 30 of the calendar year immediately |
| 17 | | preceding the year for which a state experience factor is |
| 18 | | being determined. |
| 19 | | "Adjusted trust fund balance" is the net trust fund |
| 20 | | balance minus the sum of the benefit reserves for fund |
| 21 | | building for July 1, 1987 through June 30 of the year prior |
| 22 | | to the year for which the state experience factor is being |
| 23 | | determined. The adjusted trust fund balance shall not be |
| 24 | | less than zero. If the preceding calculation results in a |
| 25 | | number which is less than zero, the amount by which it is |
| 26 | | less than zero shall reduce the sum of the benefit |
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| 1 | | reserves for fund building for subsequent years. |
| 2 | | For the purpose of determining the state experience |
| 3 | | factor for 1989 and for each calendar year thereafter, the |
| 4 | | following "benefit reserves for fund building" shall apply |
| 5 | | for each state experience factor calculation in which that |
| 6 | | 12 month period is applicable: |
| 7 | | a. For the 12 month period ending on June 30, 1988, |
| 8 | | the "benefit reserve for fund building" shall be |
| 9 | | 8/104th of the total benefits paid from January 1, |
| 10 | | 1988 through June 30, 1988. |
| 11 | | b. For the 12 month period ending on June 30, 1989, |
| 12 | | the "benefit reserve for fund building" shall be the |
| 13 | | sum of: |
| 14 | | i. 8/104ths of the total benefits paid from |
| 15 | | July 1, 1988 through December 31, 1988, plus |
| 16 | | ii. 4/108ths of the total benefits paid from |
| 17 | | January 1, 1989 through June 30, 1989. |
| 18 | | c. For the 12 month period ending on June 30, 1990, |
| 19 | | the "benefit reserve for fund building" shall be |
| 20 | | 4/108ths of the total benefits paid from July 1, 1989 |
| 21 | | through December 31, 1989. |
| 22 | | d. For 1992 and for each calendar year thereafter, |
| 23 | | the "benefit reserve for fund building" for the 12 |
| 24 | | month period ending on June 30, 1991 and for each |
| 25 | | subsequent 12 month period shall be zero. |
| 26 | | 3. Notwithstanding the preceding provisions of this |
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| 1 | | subsection, for calendar years 1988 through 2003, the |
| 2 | | state experience factor shall not be increased or |
| 3 | | decreased by more than 15 percent absolute. |
| 4 | | D. Notwithstanding the provisions of subsection C, the |
| 5 | | adjusted state experience factor: |
| 6 | | 1. Shall be 111 percent for calendar year 1988; |
| 7 | | 2. Shall not be less than 75 percent nor greater than |
| 8 | | 135 percent for calendar years 1989 through 2003; and |
| 9 | | shall not be less than 75% nor greater than 150% for |
| 10 | | calendar year 2004 and each calendar year thereafter, not |
| 11 | | counting any increase pursuant to subsection D-1, D-2, or |
| 12 | | D-3; |
| 13 | | 3. Shall not be decreased by more than 5 percent |
| 14 | | absolute for any calendar year, beginning in calendar year |
| 15 | | 1989 and through calendar year 1992, by more than 6% |
| 16 | | absolute for calendar years 1993 through 1995, by more |
| 17 | | than 10% absolute for calendar years 1999 through 2003 and |
| 18 | | by more than 12% absolute for calendar year 2004 and each |
| 19 | | calendar year thereafter, from the adjusted state |
| 20 | | experience factor of the calendar year preceding the |
| 21 | | calendar year for which the adjusted state experience |
| 22 | | factor is being determined; |
| 23 | | 4. Shall not be increased by more than 15% absolute |
| 24 | | for calendar year 1993, by more than 14% absolute for |
| 25 | | calendar years 1994 and 1995, by more than 10% absolute |
| 26 | | for calendar years 1999 through 2003 and by more than 16% |
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| 1 | | absolute for calendar year 2004 and each calendar year |
| 2 | | thereafter, from the adjusted state experience factor for |
| 3 | | the calendar year preceding the calendar year for which |
| 4 | | the adjusted state experience factor is being determined; |
| 5 | | 5. Shall be 100% for calendar years 1996, 1997, and |
| 6 | | 1998. |
| 7 | | D-1. The adjusted state experience factor for each of |
| 8 | | calendar years 2013 through 2015 shall be increased by 5% |
| 9 | | absolute above the adjusted state experience factor as |
| 10 | | calculated without regard to this subsection. The adjusted |
| 11 | | state experience factor for each of calendar years 2016 |
| 12 | | through 2018 shall be increased by 6% absolute above the |
| 13 | | adjusted state experience factor as calculated without regard |
| 14 | | to this subsection. The increase in the adjusted state |
| 15 | | experience factor for calendar year 2018 pursuant to this |
| 16 | | subsection shall not be counted for purposes of applying |
| 17 | | paragraph 3 or 4 of subsection D to the calculation of the |
| 18 | | adjusted state experience factor for calendar year 2019. |
| 19 | | D-2. (Blank). |
| 20 | | D-3. The adjusted state experience factor for calendar |
| 21 | | year 2024 shall be increased by 20% absolute above the |
| 22 | | adjusted state experience factor as calculated without regard |
| 23 | | to this subsection. The increase in the adjusted state |
| 24 | | experience factor for calendar year 2024 pursuant to this |
| 25 | | subsection shall not be counted for purposes of applying |
| 26 | | paragraph 3 or 4 of subsection D to the calculation of the |
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| 1 | | adjusted state experience factor for calendar year 2025. |
| 2 | | E. The amount standing to the credit of this State's |
| 3 | | account in the unemployment trust fund as of June 30 shall be |
| 4 | | deemed to include as part thereof (a) any amount receivable on |
| 5 | | that date from any Federal governmental agency, or as a |
| 6 | | payment in lieu of contributions under the provisions of |
| 7 | | Sections 1403 and 1405 B and paragraph 2 of Section 302C, in |
| 8 | | reimbursement of benefits paid to individuals, and (b) amounts |
| 9 | | credited by the Secretary of the Treasury of the United States |
| 10 | | to this State's account in the unemployment trust fund |
| 11 | | pursuant to Section 903 of the Federal Social Security Act, as |
| 12 | | amended, including any such amounts which have been |
| 13 | | appropriated by the General Assembly in accordance with the |
| 14 | | provisions of Section 2100 B for expenses of administration, |
| 15 | | except any amounts which have been obligated on or before that |
| 16 | | date pursuant to such appropriation. |
| 17 | | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; |
| 18 | | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. |
| 19 | | 1-1-23.)
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| 20 | | (820 ILCS 405/1506.6) |
| 21 | | Sec. 1506.6. Surcharge; specified period. |
| 22 | | (I) If and only if funds from the State treasury are not |
| 23 | | appropriated on or before January 31, 2023 that are dedicated |
| 24 | | to pay all outstanding advances made to the State's account in |
| 25 | | the Unemployment Trust Fund pursuant to Title XII of the |
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| 1 | | federal Social Security Act, then this Part (I) is inoperative |
| 2 | | retroactive to January 1, 2023. For each employer whose |
| 3 | | contribution rate for calendar year 2027 2025 is determined |
| 4 | | pursuant to Section 1500 or 1506.1, in addition to the |
| 5 | | contribution rate established pursuant to Section 1506.3, an |
| 6 | | additional surcharge of 0.350% shall be added to the |
| 7 | | contribution rate. The surcharge established by this Section |
| 8 | | shall be due at the same time as other contributions with |
| 9 | | respect to the quarter are due, as provided in Section 1400. |
| 10 | | Payments attributable to the surcharge established pursuant to |
| 11 | | this Section shall be contributions and deposited into the |
| 12 | | clearing account. |
| 13 | | (II) (Blank). This Part (II) becomes operative if and only |
| 14 | | if funds from the State treasury are not appropriated on or |
| 15 | | before January 31, 2023 that are dedicated to pay all |
| 16 | | outstanding advances made to the State's account in the |
| 17 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 18 | | Social Security Act. If this Part (II) becomes operative, it |
| 19 | | is operative retroactive to January 1, 2023. For each employer |
| 20 | | whose contribution rate for calendar year 2024 is determined |
| 21 | | pursuant to Section 1500 or 1506.1, in addition to the |
| 22 | | contribution rate established pursuant to Section 1506.3, an |
| 23 | | additional surcharge of 0.350% shall be added to the |
| 24 | | contribution rate. The surcharge established by this Section |
| 25 | | shall be due at the same time as other contributions with |
| 26 | | respect to the quarter are due, as provided in Section 1400. |
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| 1 | | Payments attributable to the surcharge established pursuant to |
| 2 | | this Section shall be contributions and deposited into the |
| 3 | | clearing account. |
| 4 | | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; |
| 5 | | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. |
| 6 | | 1-1-23.)
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| 7 | | (820 ILCS 405/2101.1) |
| 8 | | Sec. 2101.1. Mandatory transfers. |
| 9 | | (I) If and only if funds from the State treasury are not |
| 10 | | appropriated on or before January 31, 2023 that are dedicated |
| 11 | | to pay all outstanding advances made to the State's account in |
| 12 | | the Unemployment Trust Fund pursuant to Title XII of the |
| 13 | | federal Social Security Act, then this Part (I) is inoperative |
| 14 | | retroactive to January 1, 2023. |
| 15 | | A. Notwithstanding any other provision in Section 2101 to |
| 16 | | the contrary, no later than June 30, 2007, an amount equal to |
| 17 | | at least $1,400,136 but not to exceed $7,000,136 shall be |
| 18 | | transferred from the special administrative account to this |
| 19 | | State's account in the Unemployment Trust Fund. No later than |
| 20 | | June 30, 2008, and June 30 of each of the three immediately |
| 21 | | succeeding calendar years, there shall be transferred from the |
| 22 | | special administrative account to this State's account in the |
| 23 | | Unemployment Trust Fund an amount at least equal to the lesser |
| 24 | | of $1,400,000 or the unpaid principal. For purposes of this |
| 25 | | Section, the unpaid principal is the difference between |
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| 1 | | $7,000,136 and the sum of amounts, excluding interest, |
| 2 | | previously transferred pursuant to this Section. In addition |
| 3 | | to the amounts otherwise specified in this Section, each |
| 4 | | transfer shall include a payment of any interest accrued |
| 5 | | pursuant to this Section through the end of the immediately |
| 6 | | preceding calendar quarter for which the federal Department of |
| 7 | | the Treasury has published the yield for state accounts in the |
| 8 | | Unemployment Trust Fund. Interest pursuant to this Section |
| 9 | | shall accrue daily beginning on January 1, 2007, and be |
| 10 | | calculated on the basis of the unpaid principal as of the |
| 11 | | beginning of the day. The rate at which the interest shall |
| 12 | | accrue for each calendar day within a calendar quarter shall |
| 13 | | equal the quotient obtained by dividing the yield for that |
| 14 | | quarter for state accounts in the Unemployment Trust Fund as |
| 15 | | published by the federal Department of the Treasury by the |
| 16 | | total number of calendar days within that quarter. Interest |
| 17 | | accrued but not yet due at the time the unpaid principal is |
| 18 | | paid in full shall be transferred within 30 days after the |
| 19 | | federal Department of the Treasury has published the yield for |
| 20 | | state accounts in the Unemployment Trust Fund for all quarters |
| 21 | | for which interest has accrued pursuant to this Section but |
| 22 | | not yet been paid. A transfer required pursuant to this |
| 23 | | Section in a fiscal year of this State shall occur before any |
| 24 | | transfer made with respect to that same fiscal year from the |
| 25 | | special administrative account to the Title III Social |
| 26 | | Security and Employment Fund. |
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| 1 | | B. By If and only if an appropriation is made in calendar |
| 2 | | year 2023 to this State's account in the Unemployment Trust |
| 3 | | Fund, as a loan solely for purposes of paying unemployment |
| 4 | | insurance benefits under this Act and without the accrual of |
| 5 | | interest, from a fund of the State treasury, the Director |
| 6 | | shall take all necessary action to transfer 10% of the total |
| 7 | | amount of the appropriation from this State's account in the |
| 8 | | Unemployment Trust Fund to the State's Budget Stabilization |
| 9 | | Fund prior to July 1 of each year or as soon thereafter as |
| 10 | | practical. Transfers shall begin in calendar year 2024 and |
| 11 | | continue on an annual basis until the total amount of such |
| 12 | | transfers equals the total amount of the appropriation. In any |
| 13 | | calendar year in which the balance of this State's account in |
| 14 | | the Unemployment Trust Fund, less all outstanding advances to |
| 15 | | that account, pursuant to Title XII of the federal Social |
| 16 | | Security Act, is below $1,200,000,000 as of June 1, any |
| 17 | | transfer provided for in this subsection shall not be made |
| 18 | | that calendar year. |
| 19 | | (II) (Blank). This Part (II) becomes operative if and only |
| 20 | | if funds from the State treasury are not appropriated on or |
| 21 | | before January 31, 2023 that are dedicated to pay all |
| 22 | | outstanding advances made to the State's account in the |
| 23 | | Unemployment Trust Fund pursuant to Title XII of the federal |
| 24 | | Social Security Act. If this Part (II) becomes operative, it |
| 25 | | is operative retroactive to January 1, 2023. Notwithstanding |
| 26 | | any other provision in Section 2101 to the contrary, no later |
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| 1 | | than June 30, 2007, an amount equal to at least $1,400,136 but |
| 2 | | not to exceed $7,000,136 shall be transferred from the special |
| 3 | | administrative account to this State's account in the |
| 4 | | Unemployment Trust Fund. No later than June 30, 2008, and June |
| 5 | | 30 of each of the three immediately succeeding calendar years, |
| 6 | | there shall be transferred from the special administrative |
| 7 | | account to this State's account in the Unemployment Trust Fund |
| 8 | | an amount at least equal to the lesser of $1,400,000 or the |
| 9 | | unpaid principal. For purposes of this Section, the unpaid |
| 10 | | principal is the difference between $7,000,136 and the sum of |
| 11 | | amounts, excluding interest, previously transferred pursuant |
| 12 | | to this Section. In addition to the amounts otherwise |
| 13 | | specified in this Section, each transfer shall include a |
| 14 | | payment of any interest accrued pursuant to this Section |
| 15 | | through the end of the immediately preceding calendar quarter |
| 16 | | for which the federal Department of the Treasury has published |
| 17 | | the yield for state accounts in the Unemployment Trust Fund. |
| 18 | | Interest pursuant to this Section shall accrue daily beginning |
| 19 | | on January 1, 2007, and be calculated on the basis of the |
| 20 | | unpaid principal as of the beginning of the day. The rate at |
| 21 | | which the interest shall accrue for each calendar day within a |
| 22 | | calendar quarter shall equal the quotient obtained by dividing |
| 23 | | the yield for that quarter for state accounts in the |
| 24 | | Unemployment Trust Fund as published by the federal Department |
| 25 | | of the Treasury by the total number of calendar days within |
| 26 | | that quarter. Interest accrued but not yet due at the time the |
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| 1 | | unpaid principal is paid in full shall be transferred within |
| 2 | | 30 days after the federal Department of the Treasury has |
| 3 | | published the yield for state accounts in the Unemployment |
| 4 | | Trust Fund for all quarters for which interest has accrued |
| 5 | | pursuant to this Section but not yet been paid. A transfer |
| 6 | | required pursuant to this Section in a fiscal year of this |
| 7 | | State shall occur before any transfer made with respect to |
| 8 | | that same fiscal year from the special administrative account |
| 9 | | to the Title III Social Security and Employment Fund. |
| 10 | | (Source: P.A. 102-1105, eff. 1-1-23.)
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| 11 | | Section 55. "An Act concerning courts", approved August 9, |
| 12 | | 2024, Public Act 103-789, is amended by adding Section 99 as |
| 13 | | follows:
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| 14 | | (P.A. 103-789, Sec. 99 new) |
| 15 | | Sec. 99. Effective date. This Act takes effect on July 1, |
| 16 | | 2025.
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| 17 | | Section 95. No acceleration or delay. Where this Act makes |
| 18 | | changes in a statute that is represented in this Act by text |
| 19 | | that is not yet or no longer in effect (for example, a Section |
| 20 | | represented by multiple versions), the use of that text does |
| 21 | | not accelerate or delay the taking effect of (i) the changes |
| 22 | | made by this Act or (ii) provisions derived from any other |
| 23 | | Public Act.
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